WESBERRY v. SANDERS

No. 22.

376 U.S. 1 (1964)

WESBERRY ET AL. v. SANDERS, GOVERNOR OF GEORGIA, ET AL.

Supreme Court of United States.

Decided February 17, 1964.


Attorney(s) appearing for the Case

Frank T. Cash, pro hac vice, by special leave of Court, and Emmet J. Bondurant II argued the cause for appellants. With them on the brief was DeJongh Franklin.

Paul Rodgers, Assistant Attorney General of Georgia, argued the cause for appellees. With him on the brief was Eugene Cook, Attorney General of Georgia.

Bruce J. Terris, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Cox and Richard W. Schmude.


MR. JUSTICE BLACK delivered the opinion of the Court.

Appellants are citizens and qualified voters of Fulton County, Georgia, and as such are entitled to vote in congressional elections in Georgia's Fifth Congressional District. That district, one of ten created by a 1931 Georgia statute,1 includes Fulton, Dekalb, and Rockdale Counties and has a population according to the 1960 census of 823,680. The average population of the ten districts...

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