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IN RE EMPLOYMENT OF A CITY MANAGER

No. 9749.

92 N.W.2d 383 (1958)

Matter of Petition for Writ of Certiorari as to Determination of Election on the EMPLOYMENT OF A CITY MANAGER BY THE CITY OF SIOUX FALLS.

Supreme Court of South Dakota.

Rehearing Denied November 12, 1958.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, by M. T. Woods, Dana, Golden, Moore & Rasmussen, by Raymond E. Dana, Sioux Falls, for petitioner.

Louis H. Smith, Gene Pruitt, James Feyder, Acie W. Matthews, Blaine Simons, Sioux Falls, for intervenor.

SMITH, Judge.

The matter of the employment of a city manager was submitted to the electors of Sioux Falls. After the vote had been canvassed and the result certified a recount was had as authorized by SDC 16.18, and ultimately the recount proceedings were reviewed by the Circuit Court of Minnehaha County pursuant to its writ of certiorari. The court found that, of the valid ballots cast at the election, 5,672 favored the employment of a city manager and 5,673 opposed...

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