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MILLER v. WATHEN

528 S.W.2d 733 (1975)

Warren B. MILLER, Appellant, v. Will Tom WATHEN, Appellee.

Court of Appeals of Kentucky.

October 17, 1975.

Attorney(s) appearing for the Case

Carroll W. Morrow, Moore, Morrow & Frymire, Madisonville, Tommy W. Chandler, Providence, William E. Mitchell, Miller & Mitchell, Dixon, for appellant.

William S. Greenwell, Westberry & Roberts, Marion, George L. Drury, II, Tom D. Harris, J. Quentin Wesley, Ruark & Hulette, Morganfield, for appellee.

STEPHENSON, Justice.

This contest case arises out of the Democratic primary election for the office of circuit judge of the 5th judicial district. A total of 5,021 votes were cast for the office of circuit judge. Will Tom Wathen received 2,516 votes and Warren B. Miller received 2,505 votes, a majority of 11 votes for Wathen. The trial court granted a judgment dismissing the contest suit filed by Miller. We affirm.

The contest suit filed by Miller centers...

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