MARDEN v. CITY OF WATERVILLE


226 A.2d 369 (1967)

Robert A. MARDEN et al. v. CITY OF WATERVILLE.

Supreme Judicial Court of Maine.

February 13, 1967.


Attorney(s) appearing for the Case

Morton A. Brody, Donald H. Marden, Waterville, for appellant.

Burton G. Shiro, Waterville, for appellees.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, RUDMAN and DUFRESNE, JJ.


WILLIAMSON, Chief Justice.

This is a complaint by 29 absentee voters against the City of Waterville arising from the failure of the City Clerk to deliver 34 absentee ballots, including the ballots of the complainants, to the election wardens for inclusion in the ballots cast for Mayor at the municipal election on December 5, 1965. 21 M.R.S.A. §§ 1251-1262 inclusive.

The facts are not in dispute. The 34 absentee ballots in proper form were timely...

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