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SHAW v. JOHNSON

Nos. 47053, 47092.

247 N.W.2d 921 (1976)

James E. SHAW, Respondent, v. Wayne A. JOHNSON, Director of Finance and Records, Hennepin County, Minnesota, Respondent, Independent-Republicans of Minnesota, Respondent, Joan Anderson Growe, Secretary of State, State of Minnesota, Appellant.

Supreme Court of Minnesota.

December 3, 1976.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Stephen F. Befort and Christopher R. Kelley, Sp. Asst. Attys. Gen., St. Paul, for Joan Growe.

Peterson, Engberg & Peterson, Roger A. Peterson, John C. Kuehn and Richard G. Pepin, Jr., Minneapolis, for respondent Shaw.

Gary Flakne, County Atty., David E. Culbert, Asst. County Atty., Minneapolis, for Wayne Johnson.

Eldon J. Spencer, Jr., Minneapolis, for Ind. Republicans of Minn.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal by Joan Anderson Growe, secretary of state, from an order of the district court which held that both the plaintiff, James E. Shaw, and candidates of the defendant Independent-Republicans of Minnesota, may use the term "independent" as all or a part of the designation they choose on the general election ballot. By order dated October 8, 1976, this court affirmed the order of the District Court, Hennepin County, dated July 23, 1976. In...

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