Henry D. Dodson and G. Everett Millican v. William Graham, Jr., Etc., Metropolitan Atlanta Rapid Transit Authority, Intervenor-Appellee

COLEMAN, Circuit Judge:

This litigation is concerned with the validity and the outcome of a special election held in Fulton County, Georgia, on November 9, 1971, to determine the will of the voters as to the approval or disapproval of a “Rapid Transit Contract and Assistance Agreement”, Georgia Laws 1965, page 2243, as amended. For lack of jurisdiction, the instant action, brought in the United States District Court by Dodson and Millican, was dismissed. We affirm.

As finally certified, there were 53,760 votes in favor of the agreement and 53,-299 votes against it. This was a razor thin…