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SMITH v. BRITO

No. S-07-0137.

173 P.3d 351 (2007)

2007 WY 191

Dave M. SMITH, Appellant (Defendant), v. Robert John BRITO, Jr., Appellee (Plaintiff).

Supreme Court of Wyoming.

December 10, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Ralph E. Wood, Wood Law Office, Pinedale, Wyoming.

Representing Appellee: Clark Stith, Rock Springs, Wyoming.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, BURKE, JJ.

GOLDEN, Justice.

[¶ 1] In a 2006 municipal election, Dave Smith was elected to the Pinedale Town Council. Robert Brito, Jr., contested Mr. Smith's election on two grounds, including that Mr. Smith was not a registered voter at the time he filed his petition for candidacy for the position in violation of Wyo. Stat. Ann. § 22-23-301 (LexisNexis 2007).1 The district court granted Mr. Brito's motion for partial summary judgment on...

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