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TUBBS v. LINN

No. 9463.

70 N.W.2d 372 (1955)

C. A. TUBBS and W. H. Martinson, Plaintiffs and Appellants, v. Bernard LINN, as Commissioner of School and Public Lands of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied June 22, 1955.

Attorney(s) appearing for the Case

Charles R. Hayes, Deadwood, for plaintiffs and appellants.

Ralph A. Dunham, Atty. Gen., and Phil W. Saunders, Asst. Atty. Gen., for defendant and respondent.

SMITH, Judge.

The plaintiff applied to the trial court for a writ of mandamus commanding the Commissioner of School and Public Lands to issue permits to them to prospect for minerals on described school lands of the state. On the ground that the facts stated in the application were insufficient to justify the relief for which the plaintiffs prayed, the trial court granted the motion of the commissioner for a judgment of dismissal. The appeal of the plaintiffs is from...

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