McFADDEN, Justice.
John Bone, plaintiff-respondent, an appointee to the office of county commissioner of Nez Perce County, instituted this action challenging the subsequent appointment of defendant-appellant Wilfred J. Duclos, to the same office. Duclos answered the respondent's complaint and the case was submitted to the district court on stipulated facts. After both parties moved for summary judgment, the court entered summary judgment for respondent and Duclos...
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