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MATTER OF CONTEST OF ELECTION IN DEL PRIMARY

No. C4-83-1635.

344 N.W.2d 826 (1984)

In the Matter of the CONTEST OF ELECTION IN the DFL PRIMARY ELECTION HELD ON TUESDAY, SEPTEMBER 13, 1983, for the purpose of nominating a DFL candidate to run for election as Alderman in the Third Ward of the City of Minneapolis, County of Hennepin, State of Minnesota. Patrick M. DAUGHERTY, contestant, Petitioner, v. Sandra M. HILARY (candidate whose election is contested), contestee, Respondent, Lyal Schwarzkopf, Minneapolis City Clerk, and Lyle Lund, Assistant City Clerk, contestees, Respondents.

Supreme Court of Minnesota.

Rehearing Denied March 13, 1984.

Attorney(s) appearing for the Case

Irving Nemerov, Brian F. Rice, LeFevere, Lefler, Kennedy, O'Brien & Drawz, Minneapolis, for appellant.

Dennis L. Peterson, Minneapolis, for respondent Hilary.

Robert Alfton, Minneapolis, for respondent City of Minneapolis.

Heard, considered, and decided by the court en banc.

OPINION

PETERSON, Justice.

This is an election contest commenced in Hennepin County District Court by contestant-appellant, Patrick M. Daugherty, alleging that contestee-respondent, Sandra M. Hilary, made a false claim of party support in her DFL primary election campaign for alderman from the Third Ward of the City of Minneapolis. Specifically, Daugherty alleges that the distribution of 13,000 documents, entitled...

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