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PETRAFESO v. McFARLIN

No. 44126.

207 N.W.2d 343 (1973)

In re Contest of General Election Held on Nov. 7, 1972, for the Purpose of Electing a State Representative from Legislative District 41-B in the County of Hennepin. Paul R. PETRAFESO, contestant, Appellant, v. Robert McFARLIN, contestee, Respondent, George B. Hickey, Hennepin County Auditor, Respondent.

Supreme Court of Minnesota.

April 20, 1973.

Attorney(s) appearing for the Case

Fitzgerald, Fitzgerald & Stich, Minneapolis, Berde, Leonard & Weinblatt and Alan W. Weinblatt, St. Paul, DeParcq, Anderson, Perl & Hunegs, and Richard Hunegs, Minneapolis, for appellant.

Nielsen Stock & Blackburn, and Arthur J. Stock, Minneapolis, for McFarlin.

George M. Scott, County Atty., Minneapolis, for Hickey.

Heard and considered en banc.

PER CURIAM.

This is an appeal from an order of the district court dismissing an election contest for lack of jurisdiction.

At the general election held November 7, 1972, Paul R. Petrafeso and Robert McFarlin were candidates for the office of representative from Legislative District 41-B. The district lies wholly within Hennepin County and both candidates were residents of the district and legally qualified to run for that office.

Following the election...

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