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STONER v. FORTSON

Civ. A. No. 16845.

345 F.Supp. 1369 (1972)

J. B. STONER v. Ben W. FORTSON, Jr., as Secretary of State of the State of Georgia and as a member of the State Election Board.

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

July 28, 1972.

Attorney(s) appearing for the Case

J. B. Stoner, Marietta, Ga., for plaintiff.

Arthur K. Bolton, Atty. Gen., Robert J. Castellani, Asst. Atty. Gen., Atlanta, Ga., for defendant.

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

EDENFIELD, District Judge:

Plaintiff, a non-incumbent candidate for the Democratic Party's nomination for the position of United States Senator from Georgia, filed this class action suit July 13, 1972 pursuant to 42 U.S.C. § 1983 (1970) seeking to enjoin the enforcement by defendant of a portion of Ga.Code Ann. § 34-1102 (1970) and to have that portion declared unconstitutional. Jurisdiction exists under 28 U. S.C. § 1343 (1970) and class action treatment...

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