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BOND v. FORTSON

Civ. A. No. 14992.

334 F.Supp. 1192 (1971)

Julian BOND and Andrew Young, individually and on behalf of all others similarly situated, Plaintiffs, v. Ben W. FORTSON, Jr., Secretary of State of the State of Georgia, et al., Defendants.

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

June 7, 1971.

Attorney(s) appearing for the Case

Morris Brown, Atlanta, Ga., for plaintiffs.

Paul H. Anderson and Robert G. Young, Atlanta, Ga., for Eugene Gunby.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Robert J. Castellani, Asst. Attys. Gen., Atlanta, Ga., for Fortson, State Election Board of Georgia and Jimmy Carter.

Before BELL, Circuit Judge, and SMITH, and O'KELLEY, District Judges.

PER CURIAM.

This is a class action for declaratory and injunctive relief, in which plaintiffs attack that portion of the Georgia Election Code, Title 34 Georgia Code Annotated, providing that United States Senators and Representatives shall be elected by majority vote, setting up a run-off contest if no candidate receives a majority of the votes cast in the general election, and further providing a special election if the run-off fails to fill the office in...

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