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SCHMITT v. McLAUGHLIN

No. 49625.

275 N.W.2d 587 (1979)

In the Matter of the Petition of Warren (Sarge) SCHMITT, Candidate for the Position of Ramsey County Abstract Clerk in respect of the General Election of 11-7-78, contestant, Appellant, v. John C. McLAUGHLIN (candidate whose election is contested), contestee, Respondent, Lou McKenna, Director of Property Taxation, Ramsey County, Minnesota (successor to office of Ramsey County Auditor), contestee, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 7, 1979.

Attorney(s) appearing for the Case

O'Neill Burke & O'Neill and Michael R. O'Brien, St. Paul, for appellant.

Michael DeCourcy and William Kronschnabel, Suzanne Flinsch, City Atty., St. Paul, for respondent.

Heard, considered, and decided by the court en banc.

WAHL, Justice.

This appeal arises from an election contest brought under Minn.St. 209.02. Contestant Schmitt appeals from a judgment of the Ramsey County District Court filed December 7, 1978, holding that contestee McLaughlin's use of the initials "DFL" in his newspaper advertisements and on his lawn signs did not violate Minn.St. 210A.02. Contestant has filed a notice of review of the order denying his motion to dismiss the notice of contest.

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