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PETITION OF THOFT

Nos. 14445, 14455.

583 P.2d 430 (1978)

In the Matter of the Recount of the June 6, 1978 Ravalli County Primary Election, Petition of Bob THOFT. In the Matter of the Recount of the June 6, 1978, Ravalli County Primary Election, Petition of Fritz TOSSBERG.

Supreme Court of Montana.

Decided September 6, 1978.

Attorney(s) appearing for the Case

Harrison, Loendorf & Poston, Helena, James T. Harrison, Jr. argued, Helena, for Thoft.

C. William Leaphart, Jr. argued, Helena, John W. Robinson argued, Hamilton, for Tossberg.

Mike Greely, Atty. Gen., Helena, Mike McGrath argued, Asst. Atty. Gen., Helena, Phyllis D. Baden argued, Hamilton, for respondent.

SHEEHY, Justice.

On August 10, 1978, the Fourth Judicial District Court, Ravalli County, ordered a new primary election be held September 12, 1978, for candidates of all political parties in Senatorial District No. 46 and Representative District Nos. 91 and 92. Bob Thoft, Republican candidate for Representative in District No. 92, subsequently petitioned this Court to issue a Writ of Mandamus or other appropriate writ ordering the Republican primary election of June...

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