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DAVIS v. BOARD OF REGISTRARS OF VOTERS OF BILLERICA

357 Mass. 615 (1970)

259 N.E.2d 765

DONALD W. DAVIS vs. BOARD OF REGISTRARS OF VOTERS OF BILLERICA & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 10, 1970.

Attorney(s) appearing for the Case

Cornelius T. Finnegan, Jr., for the petitioner.

Edward J. Owens, Town Counsel, for the respondents.

Present: WILKINS, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.

SPALDING, J.

This is a petition for a writ of mandamus alleging certain irregularities in the conduct of an election recount. The relief sought is to require the respondents to make return of votes in such manner as to include certain votes which were not counted, but which should lawfully have been counted for the petitioner. The petitioner also seeks to enjoin the respondents from issuing a certificate of election to Stuart L. Potter, the intervener. The judge made...

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