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McDONALD v. MILLER

90 So.2d 124 (1956)

Aubrey McDONALD, Appellant, v. Curtis R. MILLER and Emery Campbell, J.B. Sharon and Coy Burgess, constituting the Canvassing Board of Walton County, Florida, Appellees.

Supreme Court of Florida. Special Division A.

October 24, 1956.

Attorney(s) appearing for the Case

Coe & Coe, Pensacola, for appellant.

James N. Daniel, Chipley, for Curtis R. Miller and S.M. Preacher, De Funiak Springs, for the Canvassing Board of Walton County, Florida, for appellees.

THORNAL, Justice.

Appellant McDonald who was plaintiff below seeks reversal of a final decree dismissing his complaint in an election contest proceeding brought pursuant to Section 99.192, Florida Statutes 1955, F.S.A.

We are called upon to determine the validity of the 1956 second primary election held to elect the Democratic nominee for Sheriff of Walton County.

Appellant McDonald was the incumbent sheriff. In the second primary election held in...

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