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SMITH v. STATE EXECUTIVE COMMITTEE OF DEM. PARTY OF GA.

Civ. A. Nos. 11709, 11964.

288 F.Supp. 371 (1968)

Andrew A. SMITH and Henry M. Henderson v. STATE EXECUTIVE COMMITTEE OF DEMOCRATIC PARTY OF GEORGIA. Richard F. MARSH and John Howett v. STATE DEMOCRATIC EXECUTIVE COMMITTEE OF the DEMOCRATIC PARTY OF GEORGIA.

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

August 23, 1968.

Attorney(s) appearing for the Case

Andrew A. Smith and Henry M. Henderson in pro. per.

Charles J. Driebe, Jonesboro, Ga., and Theodore G. Frankel, Atlanta, Ga., for certain members of defendant committee Theodore G. Frankel, Marvin Shoob, Dan Dunwoody, Thomas Whelchel, Upshaw Bentley, and Charles J. Driebe.

Lamar W. Sizemore, Joseph Lefkoff, Heyman & Sizemore, Atlanta, Ga., for named defendant.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Asst. Atty. Gen., Alexander Cocalis, Asst. Atty. Gen., Atlanta, Ga., for the State of Georgia.

George C. Walsh, Decatur, Ga., Albert M. Horn, Atlanta, Ga., for plaintiffs Marsh and Howett.

Heyman & Sizemore, Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Alexander Cocalis, Asst. Attys. Gen., Atlanta, Ga., for defendant.

SIDNEY O. SMITH, Jr., District Judge.

These are two cases filed against the State Executive Committee of the Democratic Party of Georgia by members of the party. No. 11,709 was filed as a single-judge case and in it the plaintiffs contend that they are denied the equal protection guaranteed by the United States Constitution in the administration of the party under its rules and regulations, specifically, that such rights were denied in the selection of delegates to...

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