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DUNCAN v. POYTHRESS

No. 81-7363.

657 F.2d 691 (1981)

Elizabeth B. DUNCAN, et al., Plaintiffs-Appellees, v. David B. POYTHRESS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied November 13, 1981.

Attorney(s) appearing for the Case

Michael J. Bowers, Senior Asst. Atty. Gen., Patrick W. McKee, Asst. Atty. Gen., Don A. Langham, 1st Asst. Atty. Gen., Hamilton Lokey, Atlanta, Ga., for defendants-appellants.

William B. Hollberg, William F. Rucker, Atlanta, Ga., for plaintiffs-appellees.

Before FRANK M. JOHNSON, Jr. and HATCHETT, Circuit Judges, and SCOTT, District Judge.

Rehearing and Rehearing En Banc Denied November 13, 1981.

HATCHETT, Circuit Judge:

In this appeal we review a decision of the district court holding that Georgia's special election statute, Ga.Code § 34-1514, requires the selection of a successor for a resigning member of the Georgia Supreme Court by means of a popular election. The district court committed no abuse of discretion in refusing to abstain from hearing this section 1983 civil rights action...

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