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STATE EX REL. WHEELER v. SHELBY CIRCUIT COURT

No. 1276S447.

369 N.E.2d 933 (1977)

STATE of Indiana On the Relation of Thomas J. Wheeler, Relator, v. SHELBY CIRCUIT COURT, Honorable Wesley W. Ratliff, Jr., Special Judge of the Shelby Circuit Court, Respondents.

Supreme Court of Indiana.

November 29, 1977.

Attorney(s) appearing for the Case

James K. Wheeler, Ronald S. Lieber, Indianapolis, Himelick, Himelick & Smith, Connersville, for relator.

William M. Evans, Indianapolis, for respondent; Bose, McKinney & Evans, Indianapolis, of counsel.

OPINION ON PETITION FOR REHEARING

GIVAN, Chief Justice.

Petitioners (respondents) seek rehearing of our decision in State ex rel. Wheeler v. Shelby Circuit Ct., (1977) Ind., 362 N.E.2d 477, in which this Court held that the recount provisions in IC 3-1-27 (Burns 1972) were unconstitutional insofar as they required the circuit court to order the recount and to appoint recount commissioners in recounts involving state...

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