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HUNTLEY v. TIMM

Civ. No. 890017.

435 N.W.2d 683 (1989)

Thomas R. HUNTLEY, Contestant and Appellant, v. Mike TIMM, Dave Senger, Ward County Auditor, and the Ward County Recount Board and its members, Eldore Leier, Tom Slorby, and Jim Lee, Contestees and Appellees.

Supreme Court of North Dakota.

February 8, 1989.

Attorney(s) appearing for the Case

Pringle & Herigstad, P.C., Minot, for contestant and appellant; argued by John J. Petrik.

Kenner Law Firm, P.C., Minot, for contestee and appellee Mike Timm; argued by Harris P. Kenner.

Tom P. Slorby, State's Atty., Minot, for contestees and appellees Dave Senger, et al. No appearance.

ERICKSTAD, Chief Justice.

Thomas R. Huntley appeals from a district court judgment dismissing, on its merits, Huntley's contest of Mike Timm's election to the House of Representatives for the Fifth Legislative District in Minot. We affirm.

The facts of this case are undisputed. Huntley and Timm were candidates for the legislative seat during the November 8, 1988 election. The Ward County Canvassing Board determined that Timm had been elected by a three vote...

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