Application denied. There is no allegation to the effect that but for the alleged irregularities applicant would be entitled to enter a second primary. R.S. 18:364, subd. B. Therefore the petition does not state a cause of action.
BARHAM, J., concurs. The exception of no cause of action is good but both the trial court and the appellate court erred in sustaining the plea of prescription and we should so hold explicitly. The provision for instituting an election contest...
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