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KIEHNE v. ATWOOD

No. 12478.

604 P.2d 123 (1979)

93 N.M. 657

Kalvin Zeno KIEHNE, Plaintiff-Appellee, v. Robert A. ATWOOD, Defendant-Appellant.

Supreme Court of New Mexico.

December 5, 1979.

Attorney(s) appearing for the Case

David L. Norvell, Albuquerque, for defendant-appellant.

Martin, Martin & Lutz, William L. Lutz, Las Cruces, for plaintiff-appellee.

OPINION

EASLEY, Justice.

Kalvin Zeno Kiehne, plaintiff-appellee, sued Robert A. Atwood, defendant-appellant, to invalidate the latter's election as Catron County Clerk. The trial court held Atwood's election invalid and declared Kiehne the winner. Atwood appeals. We affirm in part and reverse in part.

Since Atwood's winning margin was two votes, we could dispose of this cause by affirming the invalidation...

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