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MITCHELL v. CARRINGTON

No. WD 31120.

610 S.W.2d 412 (1980)

Lorna Kay MITCHELL, Contestant-Appellant, v. George CARRINGTON, Ron Phillips and City of Fulton, Missouri, Respondents.

Missouri Court of Appeals, Western District.

December 30, 1980.

Attorney(s) appearing for the Case

Bradley H. Lockenvitz, Linn, for contestant-appellant.

C. E. Hamilton, Fulton, for respondent Carrington.

Granville Collins, Fulton, for respondent Phillips.

D. James Mariea, Fulton, for respondent City of Fulton.

Before KENNEDY, P. J., and PRITCHARD and SWOFFORD, JJ.

KENNEDY, Presiding Judge.

This is an election contest, growing out of the April 3, 1979, election for the fourth ward councilman in the City of Fulton. Ron Phillips, the contestee, was declared the winner, but contestant Lorna Mitchell claimed that 41 votes cast for her had been either counted for the contestee, or had not been counted at all, and that a recount would show her to be the winner. She asked for a recount, or in the alternative for a new election.

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