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SMITH v. STEWART

No. 56746.

14 Ill. App.3d 1039 (1973)

304 N.E.2d 3

PHILLIP G. SMITH, Plaintiff-Appellant, v. BENNETT M. STEWART et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

October 12, 1973.

Attorney(s) appearing for the Case

Donald Page Moore, of Pope, Ballard, Kennedy, Shepard & Fowle, of Chicago, for appellant.

William R. Ming, Jr., Aldus S. Mitchell, and Andrew M. Raucci, all of Chicago, for appellee Bennett M. Stewart.

Howard M. Miller, of Chicago, for appellees Chicago Board of Election Commissioners.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

This is an appeal from an order dismissing plaintiff's complaint contesting the election of defendant, Bennett Stewart, as alderman of the twenty-first ward in the city of Chicago which was held on February 23, 1971.

The complaint stated in substance that plaintiff and defendant Stewart were the only candidates whose names appeared on the paper ballots used in that election;...

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