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HAUCK v. BULL

No. 9903.

110 N.W.2d 506 (1961)

Donald F. HAUCK and Reinhold Kempf, Plaintiffs and Appellants, v. Charles W. BULL, Ruben Bertsch, Alden Flakoll, Dean Melland and Erwin Martin, Defendants and Respondents.

Supreme Court of South Dakota.

September 6, 1961.

Attorney(s) appearing for the Case

Chas. E. Gorsuch, Aberdeen, for plaintiffs-appellants.

Campbell, Voas & Richardson, Aberdeen, for defendants-respondents.

HANSON, Judge.

This is a taxpayers' action to recover public funds alleged to have been unlawfully paid out under a void road construction contract.

The complaint alleges, in effect, that plaintiffs are residents and taxpayers of Wachter Township, McPherson County, South Dakota, and bring this action on behalf of themselves and others similarly situated; that defendants, Charles W. Bull, Ruben Bertsch, Alden Flakoll, and Dean Melland are officers of Wachter...

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