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ROGERS v. SHANAHAN

No. 48,660

221 Kan. 221 (1976)

565 P.2d 1384

LARRY ROGERS, Plaintiff, v. ELWILL M. SHANAHAN, Secretary of State, Defendant.

Supreme Court of Kansas.

Opinion filed December 23, 1976.

Attorney(s) appearing for the Case

J.F. Steineger, of Kansas City, and Robert E. Tilton, of Topeka, argued the cause for plaintiff.

John R. Martin, First Assistant Attorney General of Topeka, argued the cause for defendant.

The opinion of the court was delivered by:

FATZER, C.J.:

This is an original action in mandamus brought by petitioner Larry Rogers, Senator-elect for the 21st Senatorial District, against respondent, Elwill M. Shanahan, Secretary of State, to compel her to perform the duties of her office as set forth in K.S.A. 1975 Supp. 46-142 (b).

The facts are not in dispute. At the general election held on November 2, 1976, petitioner Rogers was elected...

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