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PROUTY v. COYNE

Nos. 358-361.

55 F.2d 289 (1932)

PROUTY et al. v. COYNE, Secretary of State of South Dakota, et al., and three other cases.

District Court, D. South Dakota, S. D.

January 20, 1932.

Attorney(s) appearing for the Case

J. H. Hays, of Sioux City, Iowa, and A. B. Fairbank, of Sioux Falls, S. D. (Hays, Baron & Mathews, of Sioux City, Iowa, and Boyce, Warren & Fairbank and Bielski & Elliott, all of Sioux Falls, S. D., on the brief), for complainants.

M. Q. Sharpe, Atty. Gen., and Benjamin D. Mintener and Herman L. Bode, Asst. Attys. Gen., for defendants.

Before GARDNER, Circuit Judge, and SANBORN and WYMAN, District Judges.

GARDNER, Circuit Judge.

The question presented by these suits which have been consolidated is the constitutionality of chapter 183, South Dakota Session Laws 1931, and chapter 224, South Dakota Session Laws 1925, as amended by chapter 179 of the South Dakota Session Laws of 1931.

Plaintiffs, who are operators of motor vehicles for hire, seek to enjoin the defendants, who are public officers of South Dakota charged with the duty of enforcing the motor vehicle...

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