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WOOD v. KIRBY

566 S.W.2d 751 (1978)

Richard E. WOOD, Movant, v. Lucky Kenneth KIRBY et al., Respondents.

Supreme Court of Kentucky.

Rehearing Denied July 3, 1978.

Attorney(s) appearing for the Case

C. Terry Earle, McGaw & Earle, Madisonville, Arthur L. Brooks, Brooks & Sullivan, Lexington, for movant.

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

STERNBERG, Justice.

This is an election contest which resulted from the malfunctioning of one voting machine. The Court of Appeals of Kentucky decided the issues by an opinion rendered on July 22, 1977, and a discretionary review was granted by this court on November 14, 1977.

In his petition filed in the Muhlenberg Circuit Court Wood charged that by reason of a defective voting machine in one of the voting precincts...

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