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ELLIOT v. DRAYTON PUBLIC SCH. DIST. NO. 19

Civ. No. 870090.

406 N.W.2d 655 (1987)

Harrison ELLIOT, John Rasmussen, Joe Rutherford, Karl Zoldahn, Bud Zoldahn, Steve Marciniak, Harold Helm, Randy Emanuelson, Jack Elliot, Deane Scharmer and Ken Halcrow, Contestants and Appellants, v. DRAYTON PUBLIC SCHOOL DISTRICT NO. 19; John Styles, as Clerk of Drayton Public School District No. 19; Richard Lavik, as Superintendent of Drayton Public School District No. 19; and Dennis McFarland, Beverly Jensen, Jack Call, Lee Becker and Philip Raney, as Members of the School Board of Drayton Public School District No. 19, Contestees and Appellees.

Supreme Court of North Dakota.

May 28, 1987.

Attorney(s) appearing for the Case

DePuy, Kopperud, Goulet & Hall, Grafton, for contestants and appellants; argued by Michael E. Keller.

Jon H. Brosseau, Drayton, for contestees and appellees.

MESCHKE, Justice.

Election contestants appeal a judgment dismissing their action on the ground that it was not commenced within 14 days after the final canvassing of the election as required by § 16.1-16-04, N.D.C.C. The contestants also appeal an order denying their motion for relief from the judgment. We hold that there was a sufficient attempt to commence the action within 14 days to apply the continuation provisions...

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