McCRARY v. POYTHRESS

No. 78-3110.

638 F.2d 1308 (1981)

Thomas A. McCRARY et al., Plaintiffs-Appellants, v. David B. POYTHRESS, Secretary of the State of Georgia and Chairman State Election Board, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 13, 1981.


Attorney(s) appearing for the Case

Jesse Cleveland, Atlanta, Ga., for plaintiffs-appellants.

Arthur K. Bolton, Atty. Gen., Michael J. Bowers, Sr., Asst. Atty. Gen., State Law Dept., Robert S. Stubbs, II and Don A. Langham, Asst. Attys. Gen., Atlanta, Ga., for defendants-appellees.

Before GOLDBERG, CHARLES CLARK and THOMAS A. CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 13, 1981.

THOMAS A. CLARK, Circuit Judge:

This appeal asserts that the district court erred in dismissing the complaint of the plaintiffs below, who challenged many provisions of the Georgia Election Code, Ga.Code Ann. § 34-101 et seq. The Independent Party of Georgia, a political body under the Georgia Election Code, and Thomas McCrary, Jesse Cleveland, and James Yarbrough, nominees of the Party for...

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