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IN RE RECOUNT OF VOTES RETURNED, ETC.

No. 258-74.

330 A.2d 93 (1974)

In re RECOUNT OF the VOTES RETURNED FOR the OFFICE OF ATTORNEY GENERAL IN the ELECTION HELD NOVEMBER 5, 1974.

Supreme Court of Vermont.

December 31, 1974.

Attorney(s) appearing for the Case

Paterson, Gibson, Noble & Brownell, Montpelier, for Kimberly B. Cheney.

Norman Cohen, Rutland, for M. Jerome Diamond.

McNamara, Fitzpatrick, Sylvester, Farrell & Maley, Burlington, for the County Clerks.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

PER CURIAM.

This is a petition for extraordinary relief relating to the counting of ballots in the election contest for Attorney General in the general election of 1974. Pursuant to 17 V.S.A. § 1366, a recount was held. The original tally and the recount confirmed one fact that is not in dispute. That is that no candidate for the office received a majority of the votes cast, whatever disposition is made of the votes under challenge by this petition. This is the...

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