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SECREST v. WELLMAN

387 S.W.2d 290 (1965)

Frank SECREST, Appellant, v. Eddie B. WELLMAN et al., Members of the Greenup County Board of Election Commissioners, and James Miller, Appellees.

Court of Appeals of Kentucky.

February 19, 1965.

Attorney(s) appearing for the Case

H. David Hermansdorfer, Diederich & Hermansdorfer, Ashland, Frank Warnock, Greenup, for appellant.

L. H. Nicholls, Greenup, P. H. Vincent, Ashland, for appellees.

PALMORE, Judge.

In the general election held November 3, 1964, Frank Secrest and James Miller were candidates for membership on the Greenup County School Board from Educational Division No. 5, consisting of two precincts. Miller was certified the winner by a vote of 322 to 321. On November 10, 1964, Secrest filed a recount proceeding pursuant to KRS 122.100. In defense, Miller pleaded that the integrity of the box containing absentee ballots had been violated in the...

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