No. 79-1308.United States Court of Appeals, Fifth Circuit.
July 23, 1980.
Durwood T. Pye, Pye, Groover Dailey, Atlanta, Ga., Emmett P. Johnson, Baxley, Ga., for plaintiffs-appellants.
L. Clifford Adams, Jr., Atlanta, Ga., Thomas S. Gray, Jr., Savannah, Ga., Robert P. Edwards, Jr., James E. Joiner, Atlanta, Ga., for Municipal Electric Auth. of Ga.
Appeal from the United States District Court for the Southern District of Georgia.
Before GEE, FAY and RANDALL, Circuit Judges.
 On the basis of the order of the district court, a copy of which is appended hereto, the above cause is AFFIRMED.
though the case did not involve Plant Hatch specifically. The Supreme Court rejected these arguments under the state Constitution. In this context, the uniformity provisions of the Georgia Constitution are substantially similar to the equal protection concept of the Fourteenth Amendment to the United States constitution. See 71 Am.Jur.2d, State and Local Taxation § 158 (1973). This Court does not base its ruling on the Georgia decision and does not hold that the Thompson case has any res judicata effect on plaintiffs herein, who were not parties to that litigation. But Compare Battle v. Cherry, 339 F. Supp. 186, 191-193 (N.D.Ga. 1972) for a case in which res judicata principles were applied on facts not greatly dissimilar from these.