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YUNKER v. MURRAY

No. 13486.

554 P.2d 285 (1976)

Carey Matovich YUNKER, Plaintiff and Petitioner, v. Frank MURRAY, Secretary of State of the State of Montana, in his capacity as Secretary of State of the State of Montana, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided September 14, 1976.

Attorney(s) appearing for the Case

Daniel J. Shea (argued), Missoula, for petitioner.

Robert L. Woodahl, William J. Anderson (argued), Helena, for respondents.

HASWELL, Justice.

This is an original proceeding seeking a declaratory judgment that each of the three district judges of the Thirteenth Judicial District of Montana is an "incumbent" within the meaning of Article VII, section 8, 1972 Montana Constitution and must run on a "retain or reject" ballot in the general election pursuant to section 23-4510.2, R.C.M. 1947.

The petition was filed on behalf of Carey Matovich Yunker, a registered voter in precinct 59...

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