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BOE v. FOSS

No. 9577.

77 N.W.2d 1 (1956)

Henry A. BOE, Plaintiff, v. Joe FOSS, Governor of the State of South Dakota; Morris G. Hallock, Secretary of Finance of the State of South Dakota; The Board of Regents of Education of the State of South Dakota; Frank Gellerman, Byron Helgerson, Laurence W. Robinson, Eric Heidepreim, Lem Overpeck, Lucille H. Dory, and Harry J. Eggen, all being members of and constituting the Board of Education of the State of South Dakota, Defendants.

Supreme Court of South Dakota.

May 4, 1956.

Attorney(s) appearing for the Case

M. Q. Sharpe, John W. Larson, Kennebec, for plaintiff.

George J. Danforth, Jr., Sioux Falls, Phil Saunders, Atty. Gen., Walter Mueller, Asst. Atty. Gen. for defendants.

SMITH, Judge.

The plaintiff taxpayer has invoked our original jurisdiction to arrest the proceedings of His Excellency, the Governor of this state, and of its Finance Commissioner and Board of Regents of Education in connection with the financing of the construction of three dormitory buildings on the campus of the State College of Agriculture and Mechanical Arts at Brookings, South Dakota, on the grounds that such proceedings...

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