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SIMS v. ATWELL

556 S.W.2d 929 (1977)

Jack SIMS, Appellant, v. Harold ATWELL and Jimmy McCoy, George Lang, Conroy Harris and G. A. (Slim) Shelton as members of the Hart County Board of Elections, Appellees. Harold ATWELL, Cross-Appellant, v. Jack SIMS and Jimmy McCoy, George Lang, Conroy Harris and G. A. (Slim) Shelton as members of the Hart County Board of Elections, Cross-Appellees.

Court of Appeals of Kentucky.

October 14, 1977.

Attorney(s) appearing for the Case

Davis Williams, Munfordville, for appellant, Jack Sims.

Joseph R. Huddleston, Bowling Green, Marion Vance, Glasgow, for appellee, Harold Atwell.

George E. Lang, Munfordville, for appellees, Hart County Board of Elections.

Before COOPER, GANT and PARK, JJ.

PARK, Judge.

This is an election contest arising out of the Democratic primary for county judge-executive of Hart County conducted on May 24, 1977. As certified by the board of elections, the contestee-appellant, Jack Sims, was the apparent winner by a plurality of forty-five votes, based upon the following tabulation:

   Jack Sims                    1626
   Harold Atwell                1581
   Eursie L. Sullivan            384

The contestant...

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