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TORIGIAN v. SAUNDERS

No. 9744.

97 N.W.2d 586 (1959)

Arshog TORIGIAN, Plaintiff and Appellant, v. Phil SAUNDERS, Attorney General of the State of South Dakota, Edwin C. Hanneman, Elroy Harrington, H. Willard Hanson, H. G. Edwards, G. A. Hesby, Arthur L. Thielen, Dale Larson, Dr. D. F. Breazeale and Charles Jennings, officers and directors of the American Dairy Association of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

July 3, 1959.

Attorney(s) appearing for the Case

George J. Rice, Aberdeen, for plaintiff and appellant.

Austin & Hinderaker and W. A. Hackett, Watertown, for defendants and respondents.

RENTTO, Judge.

In this litigation plaintiff Torigian seeks a judgment declaring our butterfat tax law unconstitutional. The defendants, other than the Attorney General, are the officers and directors of the American Dairy Association of South Dakota. They moved to dismiss the action for the reason that the complaint failed to state a claim upon which relief could be granted and for the further reason that plaintiff did not...

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