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ADA v. GOVERNMENT OF GUAM

No. 98-17306.

179 F.3d 672 (1999)

Joseph F. ADA; Felix P. Camacho, Plaintiffs-Appellees, v. GOVERNMENT OF GUAM; Guam Election Commission, and its commissioners; Joseph F. Mesa, Commissioner; Joseph T. Duenas, Commissioner; Frederick J. Horecky, Commissioner; Douglas B. Moylan, Commissioner; Rosanna D. San Miguel, Commissioner; Leonila L.G. Herrero, Commissioner, Defendants, and Carl T.C. Gutierrez; Madeleine Z. Bordallo, Real Parties in Interest-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 19, 1999.

Attorney(s) appearing for the Case

Seth M. Hufstedler, Morrison & Foerster, San Francisco, California, F. Philip Carbullido, Carbullido, Bordallo & Brooks, Agana, Guam, for the real parties in interest-appellants.

Dennis Riordan, Donald M. Horgan, Riordan & Rosenthal, San Francisco, California, Curtis Charles Van de Veld, The Van de Veld Law Offices, Agana, Guam, for the plaintiffs-appellees.

Before: NOONAN and TASHIMA, Circuit Judges, and RESTANI, Court of International Trade Judge.

TASHIMA, Circuit Judge:

On November 3, 1998, Guam held a general election in which Carl T.C. Gutierrez and Madeleine Z. Bordallo (together "Gutierrez") ran against Joseph F. Ada and Felix P. Camacho (together "Ada") for the offices of governor and lieutenant governor, respectively. Gutierrez received 24,250 votes, and Ada garnered 21,200 votes. After the Guam Election Commission certified Gutierrez as the winner, Ada filed suit in federal court seeking a declaration...

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