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FULTZ v. NEWKIRK

No. 1-684A146.

475 N.E.2d 706 (1985)

John D. FULTZ et al., Appellant, v. Frank E. NEWKIRK, Sr. et al., Appellee.

Court of Appeals of Indiana, First District.

March 18, 1985.

Attorney(s) appearing for the Case

William T. Lawrence, Lawrence, Carter, Gresk, Leerkamp & Walsh, Indianapolis, for appellant.

Andrew Wright, Salem, for appellee.

ROBERTSON, Judge.

The appellant John D. Fultz is appealing from a trial court decision declaring appellee Frank D. Newkirk, Sr. to be the elected Mayor of the City of Salem, Indiana.

The counting of the ballots after the November, 1983, mayoral election for the City of Salem showed that Fultz received 1218 votes and Newkirk 1213 votes. Newkirk sought a recount with Fultz cross-petitioning for a recount. The recount...

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