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MUSGRAVE v. CITY OF JENKINS

419 S.W.2d 582 (1967)

E. E. MUSGRAVE and Ballard Newsome, Appellants, v. CITY OF JENKINS, a Municipal Corporation and City of the Fourth Class et al., Appellees.

Court of Appeals of Kentucky.

October 13, 1967.

Attorney(s) appearing for the Case

F. Byrd Hogg, Hogg & Cornett, Whitesburg, Richard Cooper, Reeves, Barret, Cooper & Ward, Hazard, for appellants.

Harry M. Caudill, Whitesburg, for appellees.

WADDILL, Commissioner.

Upon this appeal E. E. Musgrave and Ballard Newsome contend the circuit court erred in dismissing their primary election contest instituted pursuant to KRS 122.020 for failure to state a claim.

Musgrave and Newsome were among nine candidates seeking nomination for the six positions of councilmen in the City of Jenkins at the May 23, 1967, primary election. Musgrave and Virgil Chavis received the same number of votes, each finishing sixth...

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