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BABNEW v. LINNEMAN

No. 2 CA-CV 87-0094.

154 Ariz. 90 (1987)

740 P.2d 511

Lester H. BABNEW, Plaintiff/Appellant, v. Robert LINNEMAN, Santa Cruz County Board of Supervisors, Camilo Ahumada, Cesar Parada, Ronald Morriss, as members of Santa Cruz County Board of Supervisors, Fran DeCillis, Clerk of the Board of Supervisors, Santa Cruz County, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

July 7, 1987.

Attorney(s) appearing for the Case

Larson, Soto & Arana by James A. Soto and Robert C. Martin, Nogales, for plaintiff/appellant.

James F. Haythornewhite, Nogales, for defendant/appellee Linneman.

Jose Luis Machado, Santa Cruz Co. Atty., Nogales, for defendant/appellee Santa Cruz County Bd. of Sup'rs.

OPINION

HOWARD, Presiding Judge.

This case concerns the election of the chief of the Rio Rico Fire District. The candidates for office were Lester H. Babnew and Robert Linneman. The election was held during the November 4, 1986 general election, and the November 10 official canvas of the election showed that 212 votes had been cast for Linneman and 209 for Babnew. On November 14, Babnew filed an election contest....

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