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FOSTER v. KOVICH

No. 82-450.

673 P.2d 1239 (1983)

David E. FOSTER, Plaintiff and Appellant, v. Helen KOVICH, Election Administrator, County of Lewis & Clark, State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 12, 1983.

Attorney(s) appearing for the Case

Cannon & Sheehy, Edmund F. Sheehy, Jr. and Ross Cannon, argued, Helena, for plaintiff and appellant.

Mike Greely, Atty. Gen., Judy Browning, argued, Asst. Atty. Gen., Mike McGrath, County Atty., Helena, for defendant and respondent.

SHEA, Justice.

Plaintiff, David E. Foster, the mayor of East Helena, appeals from summary judgment entered against him in Lewis and Clark County District Court. The trial court dissolved the temporary injunction prohibiting the recall election and ordered that the election take place. The trial court then suspended entry of the order pending the outcome of this appeal.

Plaintiff presents two issues. First, he argues that the allegations in the recall petition...

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