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EASTWOOD v. DONOVAN

No. 38,263.

259 Minn. 43 (1960)

105 N.W. (2d) 686

PHILIP EASTWOOD v. JOSEPH L. DONOVAN, SECRETARY OF STATE. AL BERGSTEN, INTERVENOR.

Supreme Court of Minnesota.

October 17, 1960.

Attorney(s) appearing for the Case

Philip Eastwood and Cummins, Cummins, Hammond, Cummins & O'Brien, for petitioner.

Walter F. Mondale, Attorney General, and Harold J. Soderberg, Assistant Attorney General, for respondent.

Jerome E. Kline, for intervenor.

KNUTSON, JUSTICE.

This is an original proceeding commenced in this court upon a petition for a writ of mandamus to compel the secretary of state to remove the name of Al Bergsten from the ballot for election as representative to Congress from the third congressional district of the State of Minnesota at the general election to be held on November 8, 1960.

On September 29 and 30, 1960, a petition for the nomination of Al Bergsten, purporting to have been signed...

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