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MILLER v. FIERS

261 S.W.2d 629 (1953)

MILLER v. FIERS et al.

Court of Appeals of Kentucky.

October 13, 1953.

Attorney(s) appearing for the Case

B. M. Westberry, Marion, for appellant.

Robert B. Reed, Paducah, for appellees.

CAMMACK, Justice.

W. F. Miller, Jr., and H. B. Fiers were candidates for the Democratic nomination for the office of magistrate in District No. 1 in Livingston County at the last August primary. The election commissioners certified that Fiers defeated Miller by one vote. Miller asked for a recount which resulted in a total vote of 234 for Fiers and 233 for Miller. On this appeal Miller contends that the court erred in rejecting one ballot, which, if counted, would...

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