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LUSE v. WRAY

No. 2-58644.

254 N.W.2d 324 (1977)

Kenneth LUSE, Omin Kelly, Ella H. Kelly, Rose L. Bolser, Craig A. Anderson, Kimberley Moeller, William S. Hoyt, Hazel M. Hoyt, Helen M. Wick, Mark Hemmingson, Linda Hemmingson, Stanley Tindall, Lois Tindall, Elvin Lippke, Maynard Braband, Roman Starzl, and Lyle R. Stephens, Appellants, v. David L. WRAY, Chief Clerk of the Iowa House of Representatives, Dale M. Cochran, Speaker of the Iowa House of Representatives, Norman G. Jesse, Speaker Pro Tempore and Chairman of the Election Contest Committee of the Iowa House of Representatives, Edris L. Owens, Sergeant at Arms of the Iowa House of Representatives, and James W. Spradling, Appellees.

Supreme Court of Iowa.

May 25, 1977.

Attorney(s) appearing for the Case

B. A. Webster, Des Moines, and Herbert S. Selby, Newton, for appellants.

Richard C. Turner, Atty. Gen., and Lee H. Gaudineer, Sp. Asst. Atty. Gen., for appellees.

En banc.

UHLENHOPP, Justice.

This case essentially involves the validity of an election contest for a seat in the Iowa House of Representatives. It is not itself an election contest or an appeal from a contest, but it attempts, ultimately, to overturn the result of a contest. Nor is it a challenge to the validity of the original election.

Plaintiffs claim that the case involves only a declaratory judgment regarding interpretation and constitutionality of an election...

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