MORRIS v. FORTSON

Civ. A. Nos. 10533, 10546.

262 F.Supp. 93 (1966)

John MORRIS and Florence Robin, for themselves, jointly and severally, and for all others similarly situated, Plaintiffs, v. Ben W. FORTSON, as Secretary of State of the State of Georgia, and his successor in such office, as such, Defendant. Larry G. JUSTICE, Mrs. A. P. Beall, Mrs. Virginia Budd, Dr. Yancey F. Carter, Jr., Noble F. Collins, Glea Gray, Byran Hurst, Dr. Benjamin E. Mays, Carl Porter, Charles Sligh, Dr. Herbert Tyler, and Everett Williams, Plaintiffs, v. Ben W. FORTSON, Jr., Individually, and as Secretary of State of Georgia, Defendant.

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

November 17, 1966.


Attorney(s) appearing for the Case

Morris Brown, Charles Morgan, Jr., and M. Laughlin McDonald, Atlanta, Ga., for plaintiffs.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., G. Ernest Tidwell, Coy R. Johnson, Asst. Attys. Gen., Gerald H. Cohen, Alexander Cocalis, Deputy Asst. Attys. Gen., for defendant in both actions.

Francis Shackelford, Randolph W. Thrower, Henry B. Troutman, Sr., Atlanta, Ga., Ed G. Barham, Valdosta, Ga., Emmet J. Bondurant, Atlanta, Ga., A. Rowland Dye, Augusta, Ga., Howell C. Erwin, Jr., Athens, Ga., B. C. Gardner, Jr., Albany, Ga., Howell Hollis, Columbus, Ga., Frank C. Jones, Macon, Ga., Dudley B. Magruder, Jr., Rome, Ga., H. Holcome Perry, Jr., Albany, Ga., for plaintiffs.

Before Circuit Judges ELBERT P. TUTTLE and GRIFFIN B. BELL and District Judge LEWIS R. MORGAN.


PER CURIAM.

The complaint in Morris, et al. v. Fortson is a class action seeking a declaratory judgment that Article V, Section I, Paragraph IV of the Constitution of Georgia, Ga.Code § 2-3004 conflicts with the Federal Constitution on two grounds. First, it is alleged that it would permit the malapportioned General Assembly of Georgia to elect a Governor of Georgia. Second, it is claimed that the election system set forth in that provision of the Georgia Constitution...

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