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DEMOCRATIC COM. v. MAYOR & COUNCIL OF ELSMERE

373 A.2d 227 (1977)

DEMOCRATIC COMMITTEE OF the TOWN OF ELSMERE, an unincorporated association, John Jaremchuk, Jr., Chairman of the Democratic Committee of the Town of Elsmere and Democratic Party Candidate for the Office of the Mayor of the Town of Elsmere, Plaintiffs, v. The MAYOR AND COUNCIL OF the TOWN OF ELSMERE, a Municipal Corporation, William B. Austin, IV, the Mayor of the Town of Elsmere, Floyd A. Guernsey, Edward F. Doyle, Alice R. Ciccaglione, Hugh C. Christian, John M. Dougherty, John L. Mitchell, Sr., Members of the Council of the Town of Elsmere, Defendants.

Superior Court of Delaware, New Castle County.

Decided April 22, 1977.

Attorney(s) appearing for the Case

Clifford B. Hearn, Jr., of Balick & Hearn, Wilmington, for plaintiffs.

John G. Mulford, of Theisen, Lank & Mulford, Wilmington, for defendants.

DECISION AFTER HEARING

TAYLOR, Judge.

Plaintiffs seek writ of mandamus dealing with three subjects concerning the election for the offices of Mayor, members of Town Council, Treasurer and Assessor, to be held on April 30, 1977. The issues are:

(1) The placement of the three political parties' candidates on the ballot; (2) The use of the name "Independent-Democrat" by one political party, there being another political party which bears...

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