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LANDERS v. LINN

No. 9890.

108 N.W.2d 340 (1961)

Tom LANDERS and Harry Landers, Plaintiffs and Appellants, v. Bernard LINN, as Commissioner of School and Public Lands of the State of South Dakota, and Archie Gubbrud, as Governor of the State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

March 28, 1961.

Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, for plaintiffs and appellants.

A. C. Miller, Atty. Gen., Walter Weygint, Asst. Atty. Gen., Parnell J. Donohue, Pierre, participating in the briefs, for defendants and respondents.

HANSON, Judge.

Petitioners, Tom Landers and Harry Landers, seek a Writ of Mandamus (1) commanding Bernard Linn, as Commissioner of School and Public Lands to report to the Governor of South Dakota the sale of certain school land to petitioners and (2) commanding the Governor to approve said sales and issue patents therefor. Petitioners have appealed from the judgment quashing the alternative writ of mandamus.

There is no dispute as to the facts. It appears...

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