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McINTYRE v. FALLAHAY

Nos. 85-1210, 85-1238.

766 F.2d 1078 (1985)

Richard D. McINTYRE, Petitioner-Appellant, v. Michael FALLAHAY and Frank McCloskey, Respondents-Appellees. Frank McCLOSKEY, Petitioner-Appellee, v. Richard D. McINTYRE, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 1985.

Attorney(s) appearing for the Case

Theodore Lockyear, Lockyear & Kornblum, Evansville, Ind., for petitioner-appellant.

Stanley C. Fickle, Barnes & Thornburg, Indianapolis, Ind., for respondents-appellees.

Before FLAUM and EASTERBROOK, Circuit Judges, and SWYGERT, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

The contest between Richard McIntyre and Frank McCloskey for the Eighth Congressional District in Indiana was the closest election in the history of the House of Representatives. On election night in November 1984, the count showed McCloskey the winner by 72 votes. After a correction of the returns from Gibson County, the count showed McIntyre ahead by 34 votes. The Secretary of State of Indiana gave McIntyre a certificate of election....

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