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REYES v. CUMING

No. 1 CA-CV 97-0106.

952 P.2d 329 (1997)

191 Ariz. 91

Marco A. (Tony) REYES, Contestant-Appellant, v. Clyde CUMING, Contestee-Appellee,

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied December 30, 1997.

Review Denied March 17, 1998.

Attorney(s) appearing for the Case

Meyer, Hendricks, Bivens & Moyes, P.A. by Ed Hendricks, Scott M. Theobald, Paul L. Stoller, Phoenix, for Contestant-Appellant.

Law Offices of Stephen P. Shadle by Stephen P. Shadle, John E. Meerchaum, Yuma, Gallagher & Kennedy, P.A. by Jeffrey D. Gross, Phoenix, for Contestee-Appellee.

OPINION

WEISBERG, Judge.

Marco A. (Tony) Reyes appeals from the trial court's ruling upholding a contested election. For the reasons set forth below, we reverse and remand with directions to set aside the election.

FACTS AND PROCEDURAL HISTORY

Reyes and Clyde Cuming were candidates for a seat on the Yuma County Board of Supervisors at the November 1996 general election. After the ballots were counted, excluding absentee ballots, Reyes led...

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