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FLUKER v. WOLFF

1081708.

46 So.3d 942 (2010)

Larry FLUKER v. Pete WOLFF III.

Supreme Court of Alabama.

Rehearing Denied April 20, 2010.

Attorney(s) appearing for the Case

William Pompey of Pompey & Pompey, Camden; and Collins Pettaway, Jr. , of Chestnut, Sanders, Sanders & Pettaway, L.L.C., Selma, for appellant.

James H. Anderson of Beers, Anderson, Jackson, Patty & Fawal, P.C., Montgomery, for appellee.

Terry G. Davis of Davis & Hatcher, L.L.C., Montgomery, for amicus curiae Peggy Howell, Evergreen City Clerk, in support of the appellant.

Kenneth Smith , gen. counsel, Alabama League of Municipalities, for amicus curiae Alabama League of Municipalities, in support of the appellant.

PER CURIAM.

Larry Fluker appeals from a judgment against him in an election contest filed by Pete Wolff III challenging Fluker's election to the office of mayor of the City of Evergreen. We affirm.

Facts and Procedural History

On October 7, 2008, a runoff election in the mayor's race was held in the City of Evergreen ("the City"). The two candidates were Wolff and Fluker, the incumbent. Fluker received 1,028 votes and Wolff received 1,026...

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