McDaniel lost to Sen. Thad Cochran in the June 24 Republican primary.
Now, he's asking the state Supreme Court to give him a second chance on a lawsuit seeking to overturn Cochran's victory. Justices hear oral arguments Oct. 2.
In a legal brief Thursday, McDaniel says Gunn waited 34 days to challenge a 2003 Republican primary loss to incumbent Rep. Jep Barbour. Gunn won the court challenge and the election.
In dismissing McDaniel's lawsuit, a judge said McDaniel missed a 20-day deadline to challenge the primary loss.
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