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LEBENS v. HARBECK

No. 46452.

243 N.W.2d 128 (1976)

Melvin P. LEBENS, contestant, Appellant, v. Walter C. HARBECK, contestee, Respondent, William E. Fahey, Shakopee City Clerk, an official authorized to issue the certificates of election, Respondent.

Supreme Court of Minnesota.

May 21, 1976.

Attorney(s) appearing for the Case

Melvin P. Lebens, pro se.

Walter C. Harbeck, pro se.

Julius A. Coller, II, Phillip R. Krass and John Manahan, Shakopee, for Fahey.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an appeal from an order of the Scott County District Court dismissing an election contest under Minn.St. 209.02 on the ground of lack of jurisdiction. The sole issue on appeal is whether Minn.St. 645.44, subd. 5, which prohibits personal service of civil process on state holidays, applies to substituted service of notice of an election contest upon a contestee. We hold that it does and affirm.

Minn.St. 209.02, subd. 4, provides that service...

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