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TOOMBS v. FORTSON

Civ. A. No. 7883.

241 F.Supp. 65 (1965)

Henry J. TOOMBS et al., Plaintiffs, v. Ben W. FORTSON, Jr., as Secretary of State of Georgia, et al., Defendants.

United States District Court N. D. Georgia, Atlanta Division.

April 1, 1965.

Attorney(s) appearing for the Case

Francis Shackelford, Atlanta, Ga., for plaintiffs.

Eugene Cook, Atty. Gen., State of Georgia, B. D. Murphy, Atlanta, Ga., E. Freeman Leverett, Asst. Atty. Gen., State of Georgia, Elberton, Ga., Geo. P. Dillard, Herbert O. Edwards and Robert E. Mozley, Decatur, Ga., King & Spalding, Scott, Scroggins, Cash & Crim, Harold Sheats and John Tye Ferguson, Atlanta, Ga., for defendants.

Before TUTTLE and BELL, Circuit Judges, and MORGAN, District Judge.

PER CURIAM:

This opinion and order will conclude the second chapter in this case arising out of Georgia legislative malapportionment. For the first chapter see Toombs v. Fortson, N.D.Ga., 1962, 205 F.Supp. 248, where we held that either the House of Representatives or the Senate must be apportioned on the basis of population. We retained jurisdiction pending action by the Georgia Assembly to that end, and also pending decisions...

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