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KUHN v. BEEDE

Civ. No. 9298.

249 N.W.2d 230 (1976)

Norma KUHN, Petitioner, v. William BEEDE, Judge of the Ward County District Court, et al., Respondents.

Supreme Court of North Dakota.

December 31, 1976.

Attorney(s) appearing for the Case

Jonathan C. Eaton, Jr. and Nevin Van de Streek, Eaton and Van de Streek, Minot, for petitioner Kuhn; argued by Nevin Van de Streek, Minot.

Mitchell Mahoney and Thomas A. Wentz, Pringle & Herigstad, P.C., Minot, for respondent Wentz; argued by Mitchell Mahoney and Thomas A. Wentz, Minot.

Orlin W. Backes, McGee, Hankla, Backes & Wheeler, Minot, for intervenors; argued by Orlin W. Backes, Minot.

Atty. Gen. Allen I. Olson, Bismarck, for respondent, Secretary of State Ben Meier.

PAULSON, Judge (on reassignment).

This is a petition for review of the Ward County District Court's decision which rejected certain absent voters' ballots cast in a state legislative contest. Such decision was made by the district judge in the course of conducting a ballot recount for the office of State Representative from the 41st Legislative District on November 26, 1976, pursuant to § 16-01-10(3), N.D.C.C.

The parties concede that this court has personal...

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