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KIRBY v. WOOD

558 S.W.2d 180 (1977)

Lucky Kenneth KIRBY, Appellant, v. Richard E. WOOD et al., Appellees. Richard E. WOOD, Cross-Appellant, v. Lucky Kenneth KIRBY et al., Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied August 26, 1977.

Discretionary Review Granted November 14, 1977.

Attorney(s) appearing for the Case

Rees Kinney, Jarvis, Payton & Kinney, Greenville, for appellant.

C. Terry Earle, McGaw & Earle, Madisonville, Thomas Shewmaker, County Atty., Greenville, for appellees.

Before COOPER, LESTER and WHITE, JJ.

COOPER, Judge.

This is an election contest brought pursuant to KRS 120.155. The facts are not in dispute. On November 2, 1976, in a regular school board election for District No. 5 in Muhlenberg County, plaintiff, Richard E. Wood received 527 votes and the defendant, Lucky Kenneth Kirby, the incumbent, received 704 votes. The sole basis for this action by Wood is that voting machine # 33506 in precinct No. 8 (Beechmont) malfunctioned in that it would not register...

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