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THOMAS v. STATE BOARD OF ELECTIONS

No. 452.

124 S.E.2d 164 (1962)

256 N.C. 401

J. Max THOMAS, Petitioner, v. STATE BOARD OF ELECTIONS, David M. McConnell, Chairman; Warren R. Williams, Joseph E. Zaytoun, Robert S. Ewing, Dan S. Judd, Members of the State Board of Elections; and Raymond C. Maxwell, Executive Secretary, Respondents.

Supreme Court of North Carolina.

February 28, 1962.

Attorney(s) appearing for the Case

R. Floyd Crouse, Sparta, Joe Branch, Enfield, Irving E. Carlyle, Winston-Salem, for petitioner.

T. W. Bruton, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for respondents.

DENNY, Justice.

The question presented for determination arises out of the following factual situation: The Honorable H. Cloyd Philpot was elected Lieutenant-Governor of this State for a term of four years in the general election in November 1960, and took the oath of office and entered upon the duties of the office in January 1961. He died on 19 August 1961.

As a matter of history, the Honorable Tod R. Caldwell...

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