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DERUS v. HIGGINS

No. C8-96-1993.

555 N.W.2d 515 (1996)

John DERUS, Contestant, v. Linda HIGGINS, Patrick H. O'Connor, County Auditor, Hennepin County, Contestees, v. COWLES MEDIA COMPANY, d/b/a The Star-Tribune, An Indispensable Party.

Supreme Court of Minnesota.

Rehearing Denied October 30, 1996.

Attorney(s) appearing for the Case

Best & Flanagan, P.L.L.P., Brian F. Rice, Elliot C. Rothenberg, Minneapolis, for Contestant John Derus.

Weinblatt & Associates, Alan W. Weinblatt, Lawrence E. Meuwissen, St. Paul, for Contestee, Linda Higgins.

Hennepin County Attorney's Office, Patrick Diamond, Minneapolis, for Contestees, Patrick O'Connor, County Auditor, Hennepin County.

Faegre & Benson L.L.P., John D. French, John P. Borger, Elizabeth L. Taylor, Minneapolis, for Indispensable Party, Cowles Media Company, d/b/a The Star-Tribune.

Considered and decided by the court en banc.

OPINION

KEITH, Chief Justice and COYNE, Justice.

John Derus, an unsuccessful candidate in the September 10, 1996 primary election for nomination as the Democratic-Farmer-Labor party's candidate in the general election to the Minnesota Senate, District 58, has filed a verified notice of an election contest in Hennepin County District Court. See Minn. Stat. § 209.02 (1994). We dismiss the notice of contest.

Summarily, Derus asserts that...

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