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GODFREY v. OSWALT

82-351.

428 So.2d 40 (1983)

Ed GODFREY v. William OSWALT.

Supreme Court of Alabama.

February 25, 1983.

Attorney(s) appearing for the Case

James K. Davis and William H. Atkinson, of Fite, Davis & Atkinson, Hamilton, and Ted Taylor, Prattville, for appellant.

H.C. Wiley, Jr. of Laird & Wiley, Jasper, and Sam Phelps of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellee.

Ed Still, of Reeves & Still, Birmingham, for amicus curiae Democratic Party of Alabama.

PER CURIAM.

This is an appeal from a general election contest filed pursuant to Code 1975, § 17-15-20, et seq., in the Fayette County Circuit Court. The trial court held that the election of the Democratic nominee, Ed Godfrey, as Probate Judge of Fayette County, Alabama, was void. We reverse.

On September 7, 1982, in the Democratic primary election for the office of Judge of Probate of Fayette County, Ed Godfrey received 3106 votes, William Oswalt...

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