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Appeals court dismisses election lawsuit appeal

Reported by: Mel Carlock
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Updated: 1/14 11:29 am
ABERDEEN, Miss. (WTVA) -- A federal appeals court has dismissed a lawsuit filed over the results of an election for Aberdeen alderman.

Wilchie Clay and Ed Rayfield sued Cloyd Garth over the results of the election in April of 2012.

Clay and Garth faced off in a runoff, and on election night, Clay appeared to be the winner.

When absentee ballots were counted however, Garth one the election by one vote.

The Municipal Democratic Executive Committee through found some errors in the absentee ballots and instances of people voting in the wrong district and ordered a new run-off. 

Garth was the eventual winner, but Clay and Rayfield sued.

A federal district judge had already ruled against the lawsuit, and last week, the U. S. Fifth Distict Court of Appeals in New Orleans dismissed the appeal.
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