DUPIN v. SULLIVAN


355 S.W.2d 676 (1962)

R. E. DUPIN et al., Appellants, v. James F. SULLIVAN et al., Appellees.

Court of Appeals of Kentucky.

March 23, 1962.


Attorney(s) appearing for the Case

C. Maxwell Brown, Louisville, for appellants.

Martin J. Duffy Jr., Edward W. Bensinger, James Thornberry, Louisville, for appellees.


PALMORE, Judge.

This is a contest and recount proceeding relating to the November, 1961, election of 5 trustees for the 6th class city of Wellington, comprising a single precinct in Jefferson County. After a hearing on the pleadings and affidavits the circuit court overruled plaintiffs' motion for a summary judgment and sustained defense motions to dismiss.

There is no conflict as to the facts essential to a decision of the case. The 5 appellants were the...

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