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DUFFY v. MORTENSON

No. 18197.

497 N.W.2d 437 (1993)

Bernard E. DUFFY, Plaintiff and Appellee, v. Curtis D. MORTENSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 8, 1993.

Attorney(s) appearing for the Case

Patrick Duffy, Daniel F. Duffy, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellee.

Curtis D. Mortenson, pro se.

SABERS, Justice.

At the general election of November 3, 1992, there was a contest for Stanley County State's Attorney. Bernard E. Duffy (Duffy), a Democrat, and Curtis D. Mortenson (Mortenson), a Republican, were the candidates for that office. An electronic tabulation of the votes resulted in Mortenson receiving 703 votes and Duffy receiving 702 votes.1 At the request of Duffy, a recount board was appointed under SDCL ch. 12-21 to recount...

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