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LAMBORN v. JESSOP

No. 17423.

631 P.2d 917 (1981)

Richard D. LAMBORN, Plaintiff and Appellant, v. Zerea B. JESSOP, Rich County Clerk, and James C. Jenkins, Rich County Attorney, Defendants and Respondents.

Supreme Court of Utah.

June 9, 1981.

Attorney(s) appearing for the Case

Bryan L. McDougal, of McDougal, Haley, Dahl & Stolebarger, Salt Lake City, for plaintiff and appellant.

James C. Jenkins, Rich County Atty., Logan, for defendants and respondents.

HOWE, Justice:

Plaintiff, Richard D. Lamborn, brought this action for declaratory and injunctive relief concerning his declaration of candidacy for the office of Rich County attorney. The trial court entered a summary judgment in favor of the defendants, ruling that the term of the incumbent county attorney would continue for its full four years, and thus there was no vacancy in the office sought by the plaintiff. He brings this appeal.

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