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STATE EX REL. ARREDONDO v. LAKE CIRCUIT COURT

No. 978S186.

391 N.E.2d 597 (1979)

STATE of Indiana On the Relation of Jose Arredondo, Relator, v. LAKE CIRCUIT COURT and Marvin D. McLaughlin As Special Judge of Said Court, Respondents.

Supreme Court of Indiana.

June 27, 1979.

Attorney(s) appearing for the Case

Bernard M. Tetek, Gerald N. Svetanoff, Gary, for relator.

James K. Whitaker, Hammond, for respondents.

GIVAN, Chief Justice.

This case arises from an election recount and contest filed in Lake Circuit Court. On September 11, 1978, a hearing was had in this Court on the petition for a writ of mandate and prohibition. The Court, with one justice absent, was equally divided; hence, no writ was issued. For the reasons herein stated, we now deny the application for a permanent writ.

The statute in question is IC § 3-1-28-6 [Burns 1972]:

"The court...

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