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BURDICK v. SECRETARY OF STATE

Calendar No. 32, Docket No. 50,904.

373 Mich. 578 (1964)

130 N.W.2d 380

BURDICK v. SECRETARY OF STATE.

Supreme Court of Michigan.

Opinion filed October 5, 1964.

Attorney(s) appearing for the Case

Honigman, Miller, Schwartz & Cohn (Jason L. Honigman and David J. Dykhouse, of counsel), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Russell A. Searl, Assistant Attorney General, for defendants Secretary of State and Board to Canvass Nomination Petitions.

Samuel H. Olsen, Prosecuting Attorney, Aloysius J. Suchy and Peter Karapetian, Assistant Prosecuting Attorneys, for defendant Wayne County Election Commission.

KAVANAGH, C.J.

Plaintiff brought an action in the Ingham county circuit court seeking a declaratory judgment and an order of superintending control to obtain adjudication of his right to the incumbency designation on the ballot in the primary and general elections of 1964.

Plaintiff is a Wayne county circuit judge, having been appointed to the office by the governor in 1963. On July 2, 1964, he filed the required...

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