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OVIATT v. BEHME ET AL.

No. 29,598.

238 Ind. 69 (1958)

147 N.E.2d 897

OVIATT v. BEHME ET AL.

Supreme Court of Indiana.

Rehearing denied March 18, 1958.

Attorney(s) appearing for the Case

Wilbur F. Dassel, Milford M. Miller and William C. Welborn, all of Evansville, for appellant.

John G. Bunner and James H. Meyer, both of Evansville, for appellee, John C. Behme.

Edwin K. Steers, Attorney General, as amicus curiae.

ARTERBURN, J.

At the general election in November, 1956, Clyde Oviatt, appellant, received 39,775 votes as a candidate for the office of Treasurer of Vanderburgh County. Appellee John C. Behme received 33,453 votes and appellee Lee J. Jackson, 244 votes. Appellee Behme brought an action to contest the election of appellant Oviatt on the ground that he, the contestor, was the "qualified candidate who received the highest number of votes." (Our italics.) Acts...

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