BARTLEY v. DAVIS


519 A.2d 662 (1986)

Brian J. BARTLEY, Plaintiff Below, Appellant, v. John G. DAVIS, Jr., State Election Commissioner of the State of Delaware and Charles M. Oberly, III, Individually and in His Capacity as Attorney General of the State of Delaware, Department of Elections of of Kent County, Department of Elections of New Castle County, and Department of Elections of Sussex County, Defendants Below, Appellees.

Supreme Court of Delaware.

Oral Decision: August 22, 1986.

Written Decision: December 22, 1986.


Attorney(s) appearing for the Case

Clark W. Furlow (argued), Lassen, Smith, Katzenstein & Furlow, Wilmington, for appellant Brian J. Bartley.

Harold Schmittinger (argued) and William W. Pepper, Schmittinger & Rodriguez, P.A., Dover, for appellee John G. Davis, Jr., State Election Com'r.

Henry N. Herndon, Jr. (argued), Edward M. McNally and Lewis H. Lazarus, Morris, James, Hitchens & Williams, Wilmington, for appellee Charles M. Oberly, III, individually and in his capacity as Atty. Gen.

Before CHRISTIE, Chief Justice, McNEILLY and WALSH, Justices, constituting the qualified and available Justices of the Court,


WALSH, Justice.

This appeal from the Court of Chancery arises out of a dispute between the two candidates for the Office of Attorney General in the Democratic Primary Election held on August 29, 1986. One of the candidates, Brian J. Bartley ("Bartley"), sought a judicial declaration that the other candidate, Charles M. Oberly, III, ("Oberly"), the incumbent Attorney General of Delaware, had not satisfied the legal requirements...

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