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WITTEN v. STERNBERG

475 S.W.2d 496 (1971)

Dr. Carroll L. WITTEN et al., Petitioners, v. Honorable Marvin J. STERNBERG, Judge, Jefferson Circuit Court, Chancery Branch, Second Division, Respondent.

Court of Appeals of Kentucky.

December 17, 1971.

Attorney(s) appearing for the Case

J. Bruce Miller and Thomas C. Carroll, William B. Stansbury, C. W. Grafton, Grafton, Ferguson, Fleischer & Harper, Louisville, for petitioners.

Cecil Davenport, Joseph R. Wilson, Louisville, for respondent.

CULLEN, Commissioner.

At the recent regular November election the count of the votes for those nominated for the office of alderman of the second ward in Louisville showed the Democratic candidate, Dr. Carroll Witten, to be the winner, with 39,242 votes, over the Republican candidate, Frank A. Matthews, Jr., with 29,721 votes, and the American Party candidate, Tom Nolan, with 874 votes. C. J. Hyde, who had not been nominated for the office and whose name therefore...

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