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SADLER v. NEWTON

No. 12519.

541 S.W.2d 194 (1976)

Jerry SADLER, Appellant, v. Jon NEWTON et al., Appellees.

Court of Civil Appeals of Texas, Austin.

September 16, 1976.

Attorney(s) appearing for the Case

Jerry Sadler, Houston, for appellant.

Shannon H. Ratliff, McGinnis, Lochridge & Kilgore, Austin, for Jon Newton.

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Austin, for Mark White, Secretary of State.

SHANNON, Justice.

This appeal arises from the selection of appellee, Jon Newton, as the Democratic nominee for the office of Railroad Commissioner in the June, 1976, runoff primary. Appellant, Jerry Sadler, is the defeated candidate. Other appellees are the Secretary of State and officials of the State Democratic Executive Committee.

In the runoff primary Newton received 541,444 votes and Sadler received 272,350 votes. Thereafter, Sadler filed suit in district...

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