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DELAHUNT v. JOHNSTON

423 Mass. 731 (1996)

WILLIAM D. DELAHUNT v. PHILIP W. JOHNSTON & others.

Supreme Judicial Court of Massachusetts, Plymouth.

November 8, 1996.

Attorney(s) appearing for the Case

Dennis Newman (Mark T. Collins & S. Stephen Rosenfeld with him) for Philip W. Johnston.

Haskell A. Kassler & Michael E. Mone (Mark Roder with them) for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, & FRIED, JJ.

WILKINS, C.J.

The parties were candidates in the September 17, 1996, primary for the nomination of the Democratic Party for the office of United States Representative for the Tenth Congressional District. After the initial tabulation of the votes, the defendant Johnston was declared the winner with 266 more votes than the plaintiff Delahunt. Recounts were undertaken, pursuant to recount petitions filed in several municipalities...

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