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PERDUE v. BAKER

No. S03A1154.

586 S.E.2d 303 (2003)

276 Ga. 822

Sonny PERDUE, Governor, et al. v. Thurbert BAKER, Attorney General.

Supreme Court of Georgia.

July 15, 2003.

Attorney(s) appearing for the Case

Frank C. Jones, Cushing, Morris, Armbruster & Montgomery, Kirk M. McAlpin, Jr., Carlton M. Henson, Kelly R. Burke, District Attorney, for appellants.

Jeffrey L. Milsteen, Michael E. Hobbs, Deputy Attorneys General, Rogers & Hardin, Richard H. Sinkfield, Robert B. Remar, Ashley R. Hurst, Julie K. Bracker, for appellees.

David G. Oedel, John O. Cole, Anne S. Emanuel, Bondurant, Mixson & Elmore, Emmet J. Bondurant, Michael B. Terry, Jeffrey O. Bramlett, Randi E. Schnell, William H. Pryor, Jr., Attorney General of Alabama, Margaret H. Fleming, Assistant Attorney General of Alabama, Nathan A. Forrester, Solicitor-General of Alabama, amici curiae.

BENHAM, Justice, dissenting.

On April 17, 2003, this Court docketed Governor Perdue's appeal from the trial court's denial of the Governor's petition for a writ of mandamus and injunctive relief. The Governor had sought "to compel the [Georgia] Attorney General to comply with his official duty by taking such action as is necessary and appropriate in order to dismiss the pending appeal in the Supreme Court of the United States [Georgia v. Ashcroft, Case No....

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