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MOREAU v. TONRY

No. 8222.

338 So.2d 791 (1976)

James A. MOREAU v. Richard A. TONRY, the First Congressional District Democratic Executive Committee and Honorable Paul J. Hardy, Secretary of State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

Writs Granted October 21, 1976.

Attorney(s) appearing for the Case

Luke A. Petrovich, Buras, Sidney W. Provensal, Jr., Gibson Tucker, Jr., Jerald N. Andry and Gilbert V. Andry, III, New Orleans, for plaintiff-appellant.

Martzell & Montero, John R. Martzell, New Orleans, Thomas M. McBride, III, Chalmette, for defendant-appellee-cross appellant, Richard A. Tonry.

Before SAMUEL, REDMANN, LEMMON, GULOTTA, STOULIG, BOUTALL, SCHOTT, MORIAL and BEER, JJ.

GULOTTA, Judge.

In this Congressional second primary election contest, James Moreau claims 1) that elimination of the fraudulent and illegal votes cast for his opponent, Richard Tonry, would result in Moreau's receiving a majority of the legal votes cast, thereby entitling him to be certified as the Democratic nominee; or, alternatively, 2) that fraud and illegality were so widespread and systematic that the results of the election are unreliable and a new election...

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