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ROACH v. LeTOURNEAU

36895, 36896, 36897.

246 Ga. 597 (1980)

272 S.E.2d 326

ROACH v. LeTOURNEAU et al. McKAY v. ROACH et al. LETOURNEAU et al. v. ROACH et al.

Supreme Court of Georgia.

Decided October 30, 1980.

Attorney(s) appearing for the Case

E. Freeman Leverett, for appellant (Case No. 36896).

John F. Sweet, Lawrence S. Sorgen, for appellees (Case No. 36896).

Lawrence S. Sorgen, for appellants (Case No. 36897).

John F. Sweet, E. Freeman Leverett, for appellees (Case No. 36897).

BOWLES, Justice.

This election contest was filed on August 29, 1980. Proper service upon the Secretary of State as Chairman of the State Election Board was not made until September 22, 1980, one day before the hearing. Such service is not timely. See Hill v. Bargeron, 240 Ga. 490 (241 S.E.2d 251) (1978). For this reason, the election contest should have been dismissed. The judgment of the trial...

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