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JUDE v. ERDAHL

No. 43901.

207 N.W.2d 715 (1973)

Thaddeus V. JUDE, Applicant, Martin J. Rafferty, Applicant, v. Arlen I. ERDAHL, Secretary of State, Respondent, George B. Hickey, Auditor of Hennepin County, Minnesota, Respondent.

Supreme Court of Minnesota.

May 11, 1973.

Attorney(s) appearing for the Case

William J. Keppel, Minneapolis for Thaddeus V. Jude.

Peter H. Benzian, Minneapolis, for Martin J. Rafferty.

Warren Spannaus, Atty. Gen., Byron E. Starns, Spec. Asst. Atty. Gen., Curtis D. Forslund, Sol. Gen., St. Paul, for Arlen I. Erdahl.

George M. Scott, County Atty., David E. Culbert, Asst. County Atty., Minneapolis, for respondent.

Heard and considered en banc.

OTIS, Justice.

Petitioners, Thaddeus V. Jude and Martin J. Rafferty, have brought these proceedings in the supreme court under Minn.St. 203.38 to require the secretary of state and the auditor of Hennepin County to accept their filings for the office of state representative. Petitioner Judge also sought to have his name placed on the ballot to be used in the primary election September 12, 1972. On August 25, 1972, by appropriate orders, without an opinion, we granted...

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