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RYSHPAN v. CASHMAN

No. 197-74.

326 A.2d 169 (1974)

Joel RYSHPAN et al. v. Edward J. CASHMAN, County Clerk of Chittenden County, et al.

Supreme Court of Vermont, Chittenden.

October 9, 1974.

Attorney(s) appearing for the Case

Kimberly B. Cheney, Atty. Gen., and James L. Morse, Asst. Atty. Gen., for the State.

Thomas L. Hayes, Burlington, for plaintiffs.

McNamara, Fitzpatrick, Sylvester, Farrell & Maley, Burlington, for defendants.

Before BARNEY, C. J., SMITH, KEYSER and DALEY, JJ., and SHANGRAW, C. J. (Ret.)

PER CURIAM.

The plaintiff seeks to be placed on the ballot for the ensuing general election in 1974. It appears that the Republican Party of Chittenden County filled only five of six available candidate positions for State Senator by means of primary election. Under the provisions of 17 V.S.A. § 572(b), the party was therefore entitled to file the sixth candidate vacancy through the device of nomination certificate. This was done, and the certificate tendered...

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