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STATE EX REL. WHEELER v. SHELBY CIRCUIT COURT

No. 1276S447.

362 N.E.2d 477 (1977)

STATE of Indiana On the Relation of Thomas J. Wheeler, Relator, v. SHELBY CIRCUIT COURT and Honorable Wesley W. Ratliff, Jr., Special Judge of the Shelby Circuit Court, Respondents.

Supreme Court of Indiana.

May 6, 1977.

Attorney(s) appearing for the Case

James K. Wheeler, Ronald S. Lieber, Indianapolis, Himelick, Himelick & Smith, Connersville, for relator.

William M. Evans, Indianapolis, for respondents; Bose, McKinney & Evans, Indianapolis, of counsel.

DE BRULER, Justice.

In the case before us, the respondent trial court granted a petition of Sheaffer to recount votes cast in Fayette County for the office of State Senator for District 42 and appointed a recount commission to carry out the recount. Relator Wheeler, the apparent winner of the election for that office and opponent of Sheaffer, unsuccessfully sought dismissal in the trial court of the petition prior to the entry of such order, and thereafter upon his...

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