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SEARLE v. BRIGGS

No. 880404.

765 P.2d 875 (1988)

Wayne R.N. SEARLE, Plaintiff and Appellant, v. D. Gene BRIGGS, individually and in his official capacity as Daggett County Clerk, State of Utah, Defendant and Appellee.

Supreme Court of Utah.

November 7, 1988.

Attorney(s) appearing for the Case

George H. Searle, Salt Lake City, for plaintiff and appellant.

Bruce R. Garner, Salt Lake City, for defendant and appellee.

ZIMMERMAN, Justice:

This is an appeal from a decision of the District Court for the Eighth Judicial District holding that section 17-5-21(4) of the Code, effective April 25, 1988, applies to write-in candidates for county attorney. We reverse.

Under section 17-5-21(4),1 if only one qualified candidate files for election to the post of county attorney in a county of the fourth, fifth, or...

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