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KLEIN v. SCHULZ

87 So.2d 406 (1956)

Gerald J. KLEIN, Appellant, v. George E. SCHULZ and E.B. Leatherman, as Clerk of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, et al., Appellees.

Supreme Court of Florida. En Banc.

May 7, 1956.

Attorney(s) appearing for the Case

Sibley & Davis and Thomas H. Barkdull, Jr., Miami Beach, for appellant.

Anderson & Nadeau, Miami, for George E. Schulz, Hudson, McNutt, Campbell, Isom & Rearick, Miami, for E.B. Leatherman, as Clerk of the Circuit Court in and for Dade County, Florida, and I.D. MacVicar, Hugh Peters, Preston B. Bird, Jess Yarborough and Grant Stockdale, as Board of County Commission of Dade County, Florida, appellees.

THOMAS, Justice.

The appellant, Gerald J. Klein, and the appellee, George E. Schulz, undertook to qualify in the primary election of 1956 for the office of Judge of the Court of Crimes which the latter is now holding by appointment of the governor. The officials charged with supervising the election declined their request on the ground that there was no vacancy in the office to be filled at the election. Mr. Klein then brought an action in mandamus and secured an...

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