IN RE ELECTION CONTEST OF DEMOCRATIC PRIMARY HELD MAY 4, 1999 FOR CLERK, YOUNGSTOWN MUN. COURT

No. 99-1508.

87 Ohio St.3d 118 (1999)

IN RE ELECTION CONTEST OF DEMOCRATIC PRIMARY ELECTION HELD MAY 4, 1999 FOR NOMINATION TO THE OFFICE OF CLERK, YOUNGSTOWN MUNICIPAL COURT.

Supreme Court of Ohio.

Decided September 29, 1999.


Attorney(s) appearing for the Case

Don L. Hanni and J. Gerald Ingram, for appellant.

Donald J. McTigue; Bricker & Eckler L.L.P. and Percy Squire, for appellee Sarah Brown-Clark.

Carr Goodson Warner, A Professional Corporation, and P. Terrence Gaffney, urging reversal for amicus curiae, The Voting Integrity Project.


Per Curiam.

Durkin asserts that the common pleas court erred in dismissing his election contest. The common pleas court concluded that Durkin's complaint failed to state a claim upon which relief can be granted. In order to dismiss Durkin's complaint for failure to state a claim upon which relief can be granted, it must have appeared beyond doubt that Durkin could prove no set of facts warranting relief, after all factual allegations of his amended...

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