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MARSH v. OVERLAND

No. 95-117.

905 P.2d 1088 (1995)

Gaylen MARSH, Petitioner and Appellant, v. Mike OVERLAND, Respondent and Respondent.

Supreme Court of Montana.

Decided November 2, 1995.

Attorney(s) appearing for the Case

Matthew W. Knierim, Laura Christoffersen; Christoffersen & Knierim, Glasgow, for Appellant.

Jeffrey M. Hindoien; Swift & Hindoien, Helena, for Respondent.

GRAY, Justice.

Gaylen Marsh (Marsh) appeals the decision of the Fifteenth Judicial District Court, Sheridan County, affirming the Sheridan County Recount Board's (Recount Board) Certificate of Recount which declared Mike Overland the winner of the 1994 Sheridan County Sheriff's election. We affirm.

Marsh raises the following issues on appeal:

1. Did the District Court err in concluding that the surname "Marsh" alone on a write-in ballot was insufficient...

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