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TIMM v. SCHOENWALD

No. 870001CV.

400 N.W.2d 260 (1987)

Mike TIMM, Contestant and Appellant, v. Larry SCHOENWALD; Dave Senger, County Auditor of Ward County; The County Canvassing Board of Ward County and its members, Helen Hurly, Dorothy Osteroos, Joan Hauge, Delores Bretheim, John Petrik, Joan Perkins, Brenda Zent, John Semingson, and Stanley Saugstad; The Recount Board of Ward County and its members, Ken Kruse, Ed Leonard, and Gary Williamson; and Ben Meier, North Dakota Secretary of State; Contestees and Appellees.

Supreme Court of North Dakota.

January 27, 1987.

Attorney(s) appearing for the Case

Robert S. Rau, of Bosard, McCutcheon & Rau, Minot, for contestant and appellant.

John J. Petrik, of Pringle & Herigstad, Minot, for contestees and appellees.

Terry L. Adkins (appearance), Asst. Atty. Gen., Bismarck, for North Dakota Secretary of State.

VANDE WALLE, Justice.

Mike Timm appealed from a district court judgment dismissing his election contest against Larry Schoenwald, the Ward County Auditor, the Ward County Canvassing Board and its members, the Ward County Recount Board and its members, and the Secretary of State [Contestees]. We affirm.

Timm and Schoenwald were candidates in the November 4, 1986 general election for the office of State Senator from the Fifth Legislative District in Ward County...

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