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FUGATE v. JOHNSTON

No. 12498.

251 S.W.2d 792 (1952)

FUGATE v. JOHNSTON.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 3, 1952.

Attorney(s) appearing for the Case

Potter & Cooper, Walter Groce, George W. Shaffer, Corpus Christi, for appellant.

Charles G. Lyman, Corpus Christi, Gus L. Kowalski, Kingsville, Lee Mahoney, Corpus Christi, for appellee.

PER CURIAM.

This is a primary election contest that concerns the validity of certain absentee votes and certain other votes by persons whose poll taxes were allegedly purchased by a person other than the voters. The trial court sustained exceptions to the contest and, upon contestant's failure to amend, the contest was dismissed, from which this appeal was perfected.

By a margin of seventy votes, Royce C. Johnston was declared the nominee to the

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