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STATE v. OSTROOT

No. 9461.

64 N.W.2d 62 (1954)

STATE ex rel. GRIGSBY et al. v. OSTROOT, as Secretary of State et al.

Supreme Court of South Dakota.

April 23, 1954.

Attorney(s) appearing for the Case

Sioux K. Grigsby, per se.

Rex M. Warren, John S. Murphy, Sioux Falls, for plaintiffs and petitioners.

Ralph A. Dunham, Atty. Gen., E. D. Barron, Asst. Atty. Gen., Pierre, South Dakota, for defendant.

T. R. Johnson, Roy Willy, Charles Lacey, M. T. Woods, Sioux Falls, for intervenor.

Roswell Bottum, Sturgis, Lem Overpeck, Belle Fourche, amicus curiae.

PER CURIAM.

This is an original ex rel. proceeding in prohibition. Plaintiffs seek to prohibit the defendant, Secretary of State, from certifying the name of Joe J. Foss as a candidate for the office of Governor in the 1954 primary election. Joe J. Foss was permitted to intervene and has become a party to these proceedings.

Plaintiffs are residents, citizens, electors and taxpayers of Minnehaha County and members and officers of the Republican party. They...

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