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KENNEDY v. VOSS

No. 81-28.

304 N.W.2d 299 (1981)

In the Matter of the Contest of the General Election held on November 4, 1980 for the Purpose of Electing a County Commissioner for the Third District in Dakota County, James W. KENNEDY, contestant, Respondent, v. John VOSS, contestee, Appellant.

Supreme Court of Minnesota.

March 13, 1981.

Attorney(s) appearing for the Case

LeVander, Gillen, Miller & Magnuson, So. St. Paul, Alan Weinblatt, St. Paul, for appellant.

E. C. Meisinger, Jr., West St. Paul, for respondent.

Heard, considered and decided by the court en banc.

SHERAN, Chief Justice.

The present appeal is an election contest brought under Minn. Stat. §§ 209.01-.12 (1980). Contestant-respondent alleges that contestee-appellant, a successful candidate for the office of Dakota County Commissioner, distributed campaign literature containing false statements, in violation of Minn. Stat. § 210A.04, subd. 1 (1980). Acting District Court Judge Elmer J. Tomfohr ruled that appellant violated the statute, that the violation...

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