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STATE v. SPINK HUTTERIAN BRETHREN

No. 9627.

90 N.W.2d 365 (1958)

STATE of South Dakota ex rel. W. G. DUNKER, State's Attorney of Spink County, South Dakota, Plaintiff and Appellant, v. SPINK HUTTERIAN BRETHREN, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied June 24, 1958.

Attorney(s) appearing for the Case

Phil Saunders, Atty. Gen., E. D. Barron, Asst. Atty. Gen., W. G. Dunker, State's Atty., Spink County, Redfield, for plaintiff-appellant.

Charles Lacey, Sioux Falls, Max Royhl, Huron, for defendant-respondent.

KNIGHT, Circuit Judge.

The state has appealed from a judgment of dismissal entered by the Circuit Court of Spink County decreeing that Chapter 15 of the Session Laws of 1955, which will be hereinafter referred to as "the act", is unconstitutional and void for uncertainty. The chapter is as follows:

"Repealing Communal Corporation Laws

"An Act Entitled, An Act to repeal chapter 11.12 of the South Dakota Code of 1939, as amended by chapter 18 of the...

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