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BERRYHILL v. SMITH

No. 52001.

380 So.2d 1278 (1980)

Herbert BERRYHILL v. George S. SMITH.

Supreme Court of Mississippi.

March 12, 1980.

Attorney(s) appearing for the Case

William B. Kirksey, Binder & Moore, Jackson, for appellant.

Blackmon, Smith & Nichols, Edward Blackmon, Jr., Canton, for appellee.

Before SMITH, SUGG and BROOM, JJ.

SMITH, Presiding Justice, for the Court:

This case involves the contest of a primary election.

Herbert Berryhill and George S. Smith were candidates for nomination for supervisor of District 5 of Hinds County in the Democratic Primary election held on August 7, 1979.

The returns were canvassed on August 9 by the Democratic Executive Committee, Smith was certified as the winner by a vote of 2,654 to 2,557 for Berryhill, and the boxes were sealed as...

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