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ANDERSON v. MULLANEY

No. 23716.

444 P.2d 878 (1968)

Byron A. ANDERSON, Secretary of State of Colorado, and Earl H. Johnson, Petitioners, v. Edward J. MULLANEY, Jr., and the District Court of the City and County of Denver, and Hon. John Brooks, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

September 5, 1968.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., Denver, for petitioner Byron A. Anderson, Secretary of State of Colorado.

Robert L. Harris, Denver, for petitioner Earl H. Johnson.

Creamer & Creamer, Denver, for respondent Edward J. Mullaney, Jr.

KELLEY, Justice.

This proceeding arises under the election laws of the state relating to the nomination and designation of candidates by political parties prior to a primary election (C.R.S. 1963, chapter 49, articles 5-8).

The lawsuit involves the interpretation of C.R.S. 1963, 49-6-11, which in pertinent part reads:

"(1) Any vacancy in a party designation * * * by failure of the assembly to make designation of any candidate for nomination...

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