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BURKE v. BENNETT

No. 84S01-0904-CV-148.

907 N.E.2d 529 (2009)

Kevin D. BURKE, Appellant-Cross-Appellee (Petitioner below), v. Duke BENNETT, Appellee-Cross-Appellant (Contestee below).

Supreme Court of Indiana.

June 16, 2009.

Attorney(s) appearing for the Case

Edward O. DeLaney, Amanda Couture, DeLaney & DeLaney LLC, Indianapolis, IN, Attorneys for Appellant/Cross-Appellee.

Terry R. Modesitt, Chou-il Lee, Modesitt Law Offices, P.C., Terre Haute, IN, George T. Patton, Jr., Bryan H. Babb, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellee/Cross-Appellant.

On Transfer from the Indiana Court of Appeals, No. 84A01-0801-CV-2

DICKSON, Justice.

Duke Bennett became the Mayor of Terre Haute, Indiana, after defeating the incumbent, Kevin Burke, in the November 6, 2007 general election. On November 19, 2007, Burke filed this action to contest the election, asserting that Bennett was ineligible. Following a bench trial, the trial court rejected Burke's challenge and declared Bennett elected as the qualified candidate...

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