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LOCKARD v. MILES

No. 84A04-0708-CV-493.

882 N.E.2d 288 (2008)

Dan LOCKARD, Appellant-Petitioner, v. Charles MILES, Appellee-Respondent, John Mullican, Intervenor.

Court of Appeals of Indiana.

March 18, 2008.

Attorney(s) appearing for the Case

John David Hoover, Daniel K. Burke, Hoover Hull LLP, Indianapolis, IN, Attorneys for Appellant.

Mark W. Mullican, Mullican Law Office, Terre Haute, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Dan Lockard appeals the trial court's order denying his petition for election contest. Specifically, Lockard argues that the death of his only opponent, Charles Miles, just weeks before the May 2007 Democratic Party primary election for a seat on the Terre Haute City Council rendered Miles ineligible, making Lockard the winner. Because a candidate vacancy that exists on a primary election ballot may not be filled...

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