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HEMBREE v. CITY OF STILWELL

No. 53631.

597 P.2d 1218 (1979)

Watie HEMBREE, Petitioner, v. The CITY OF STILWELL, a Municipal Corporation, and its officers consisting of Harold Moten, Mayor, and Clinton Fixin, James Collins, Norman Isaacs, Larry Don O'Neal and Nancy Garrett, Council Members, and County Election Board of Adair County, Oklahoma consisting of Patricia Carrington, Chairman, Doyle Guthrie, Vice-Chairman and David Benham, Secretary, and William H. Bliss, District Judge of the 15th Judicial District, State of Oklahoma, Respondents.

Supreme Court of Oklahoma.

July 17, 1979.

Attorney(s) appearing for the Case

David Harris, Stilwell, for petitioner.

Lloyd E. Cole, Jr., Stilwell, for respondents.

OPALA, Justice:

This is an aftermath of a district court election contest under 26 O.S.Supp. 1978 § 8-120. At issue before us is the correctness of announced election results in the April 3, 1979 race for Ward 3 councilman in Stilwell between incumbent Nancy Garrett and challenger Watie Hembree. Hembree [petitioner], for whom 45 votes were officially counted, lost to Garrett...

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