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RUSHING v. JUPITER

No. 94 CE 2148.

648 So.2d 1 (1994)

Grady Leslie RUSHING, III v. Darryl JUPITER.

Court of Appeal of Louisiana, First Circuit.

October 20, 1994.

Attorney(s) appearing for the Case

Malcolm Dugas, Jr., Donaldsonville, for appellant, Grady Rushing, III.

Celia Cangelosi, Baton Rouge, for appellee, Commissioner of Elections.

Michael McClanahan, Donaldsonville, for appellee, Darryl Jupiter.

Daniel Wirtz, Sheri Morris, Baton Rouge, for appellee, Secretary of State.

Before LOTTINGER, C.J., and EDWARDS, SHORTESS, CARTER and GONZALES, JJ.

PER CURIAM.

This is an election contest suit contesting the election for mayor of Napoleonville, Louisiana. A total of 437 votes were cast. Defendant-appellee Darryl Jupiter received 219 votes, and plaintiff-appellant Grady Leslie Rushing, III, received 218 votes.

The trial court maintained the peremptory exception raising the objection of no cause of action and dismissed plaintiff's suit. Plaintiff appeals.

We pretermit any discussion of the no cause...

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