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  5. 757 S.W.2d 312 (1988)
 

IN RE APPLICATION OF BLUMENBERG

No. 15895.

757 S.W.2d 312 (1988)

In re the Matter of Application of Jim BLUMENBERG for a Court Order Requiring a Recount of Ballots Cast in the Primary Election. Jim BLUMENBERG, Respondent, v. Marty HUTCHESON, Appellant.

Missouri Court of Appeals, Southern District, Division One.

September 23, 1988.

Attorney(s) appearing for the Case

James R. Robison, Sikeston, for appellant.

John L. Oliver, Jr., Oliver, Oliver, Waltz & Cook, P.C., Cape Girardeau, for respondent.

CROW, Presiding Judge.

Marty Hutcheson appeals from a judgment declaring that Jim Blumenberg received 724 votes and Hutcheson 721 for the nomination of the Democratic Party for Commissioner of the County Commission of Mississippi County, Second District, at the primary election August 2, 1988. Hutcheson maintains the trial court (1) lacked jurisdiction to order the recount in that the summons served on Hutcheson was defective, (2) erred in conducting the recount simultaneously...

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