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OVERPECK v. WIEDENMAN

No. 10219.

132 N.W.2d 213 (1964)

Lem OVERPECK, Plaintiff, v. Essie WIEDENMAN, as Secretary of the State of South Dakota, Defendant, and Robert Chamberlin, Intervenor.

Supreme Court of South Dakota.

December 22, 1964.

Attorney(s) appearing for the Case

R. C. Riter, Stephens, Riter & Mayer, Pierre, R. E. Driscoll, Jr., Kellar & Kellar & Driscoll, Lead, for plaintiff.

Frank L. Farrar, Atty. Gen., L. A. Weisensee, Asst. Atty. Gen., Pierre, for defendant.

Frank Brady, John Kabeiseman, Yankton, for intervenor.

PER CURIAM.

Because of the public importance of the question, this court in its discretion determined to act in this application for a writ of prohibition involving a request for a recount of votes for Lieutenant Governor in the 1964 general election held November 3rd. Putman v. Pyle, 57 S.D. 250, 232 N.W. 20.

The Board of State Canvassers is by SDC 16.1717 directed to meet on the Thursday following the fourth Monday after the day of election for the purpose...

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