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KALLENBERGER v. BUCHANAN

No. 82SA318.

649 P.2d 314 (1982)

Larry KALLENBERGER, Plaintiff-Appellee, v. Mary Estill BUCHANAN, Secretary of State, State of Colorado, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 16, 1982.

Attorney(s) appearing for the Case

Simons & Iuppa, Barney Iuppa, Colorado Springs, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Kristie A. Hansen, Asst. Atty. Gen., General Legal Services Section, Denver, for defendant-appellant.

PER CURIAM.

The defendant Secretary of State, Mary Estill Buchanan, appeals an order of the El Paso County District Court enjoining her from conducting a vacancy election for state Senate District 12 within the district boundaries in effect prior to the statewide 1982 Reapportionment and directing that the vacancy election be conducted using boundaries created by the court. The district court's decision was based on its determination that section 2-2-504, C.R.S.1973...

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