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STONER v. FORTSON

Civ. A. No. 16271.

359 F.Supp. 579 (1972)

J. B. STONER, Plaintiff, v. Ben W. FORTSON, Jr., as Secretary of State of the State of Georgia and as a Member of the State Election Board, and Charles H. Kirbo, as Chairman of the Democratic Party of Georgia, Defendants.

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

May 4, 1972.

Attorney(s) appearing for the Case

J. B. Stoner, pro se.

H. Andrew Owen, Jr., Asst. Atty. Gen., Atlanta, Ga., for Fortson, Carter & Bolton.

C. David Vaughn, of King & Spalding, Atlanta, Ga., for Kirbo.

Before BELL, Circuit Judge, and MOYE and FREEMAN, District Judges.

OPINION AND ORDER

PER CURIAM:

This suit challenges Ga.Code Ann. § 34-10131 as unconstitutional in that it exacts qualifying fees from candidates for election in party primaries. The complaint, brought as a class action under 42 U.S.C. § 1983, seeks declaratory and injunctive relief with respect to the challenged statute. Jurisdiction is conferred by 28 U.S.C. § 1343...

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