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KELLY v. MACON-BIBB COUNTY BD. OF ELECTIONS

Civ. A. No. 83-27-3-MAC.

608 F.Supp. 1036 (1985)

Ruth Y. KELLY, et al., Plaintiffs, v. MACON-BIBB COUNTY BOARD OF ELECTIONS, et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

April 29, 1985.

Attorney(s) appearing for the Case

S. Phillip Brown, Macon, Ga., for plaintiffs.

Wallace Miller, Jr., Ed Sell, Jr., Macon, Ga., for defendants.

OWENS, Chief Judge:

The public water supply of Bibb County, Georgia has been fluoridated pursuant to a duly enacted law of the State of Georgia. See O.C.G.A. § 12-5-175 (1982). That same law provides that any municipality or county by local referendum may remove itself from the requirement of fluoridation. Id. § 12-5-175(a). In order to call such a referendum, the statute requires a

petition of 10 percent of the registered voters in...

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