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SCHELLE v. FOSS

No. 9666.

83 N.W.2d 847 (1957)

Henry B. SCHELLE, Plaintiff, v. Joe FOSS, Governor of the State of South Dakota; Bernard Linn, Commissioner of School and Public Lands of the State of South Dakota; Ed T. Elkins, Treasurer of the State of South Dakota; Fay Allbee, Auditor of the State of South Dakota; The Board of School and Public Lands and the Board of Finance of the State of South Dakota; Joe Foss, Bernard Linn and Fay Allbee, members of the Board of School and Public Lands, and said persons together with Ed T. Elkins, Phil Saunders, Gordon H. Maxam, Morris G. Hallock, and Clara Halls, as members of the Board of Finance, of the State of South Dakota, Defendants.

Supreme Court of South Dakota.

June 25, 1957.

Attorney(s) appearing for the Case

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

Phil Saunders, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen., for defendants.

G. J. Danforth, Jr., Danforth & Danforth, Sioux Falls, amici curiae.

HANSON, Judge.

The plaintiff seeks a writ of prohibition to prevent the defendants from further proceeding with a proposed plan involving the sale and reinvestment of securities belonging to the permanent school funds. The plaintiff is a citizen and taxpayer and brings this action on behalf of himself and all others similarly situated. The defendants are members of the State Board of School and Public Lands, members of the State Board of Finance, the Commissioner...

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