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HEALEY v. RANK

No. 10229.

140 N.W.2d 850 (1966)

Francis HEALEY, Plaintiff-Respondent, v. Melvin RANK, and the Recount Board of Buffalo County, South Dakota, and Dave McFarlane, Joe Knippling, and George Sinkie, Constituting the Members of Said Board, Defendants-Appellants.

Supreme Court of South Dakota.

March 9, 1966.

Attorney(s) appearing for the Case

H. L. Hollmann, Chamberlain, for defendants and appellants.

Heidepriem & Widmayer, Miller, for plaintiff and respondent.

ROBERTS, Judge.

Plaintiff, Francis Healey, and Melvin Rank were candidates for Sheriff of Buffalo County at the general election held November 3, 1964. The county canvassing board certified that Francis Healey received 395 votes and Melvin Rank received 413 votes. The returns indicated that in Victory Precinct No. 5 candidate Healey received 164 votes and 239 votes were cast for his opponent. On November 12, three electors of that precinct filed with the county auditor...

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