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WHITSON v. ROBERTS

No. 39,240

176 Kan. 232 (1954)

269 P.2d 1018

C.G. WHITSON (Contestor), Appellee and Cross-Appellant, v. ALBERT ROBERTS (Contestee), Appellant and Cross-Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Frank G. Theis, of Arkansas City, argued the cause and was on the briefs for the appellant and cross-appellee.

William E. Cunningham, of Arkansas City, argued the cause, and William R. Howard, of Arkansas City, was with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of an attempt to contest an election for a county office.

In the primary election held in August, 1952, Whitson, the incumbent county commissioner of the third commissioner district in Cowley County, was a candidate on the Republican ticket to succeed himself. He was opposed for the nomination by Magnuson. Roberts was a candidate for...

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