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LEVASSEUR v. WHEELDON

No. 9892.

112 N.W.2d 894 (1962)

M. C. LEVASSEUR, William Barron, P. H. Peterson, Earl Westendorf, Eugene Bachtell, Cecil Arnold, and Clara Aker, Plaintiffs and Appellants, v. Fay WHEELDON, John N. Browning, and Richard W. Dalthorp, as the duly elected, qualified and acting Mayor and City Commissioners of the City of Sioux Falls; and the City of Sioux Falls, a Municipal Corporation, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

January 19, 1962.

Attorney(s) appearing for the Case

Herbert S. Thatcher, Washington, D. C., Gene E. Pruitt, Sioux Falls, for plaintiffs and appellants.

John E. Burke, Robert S. Golden, Sioux Falls, for defendants and respondents.

ROBERTS, Judge.

This is an action against the city of Sioux Falls, its mayor, and city commissioners to enjoin them from carrying into effect a resolution requiring officers and employees of the police, fire and health departments of the city to terminate their membership in any union affiliated with a national or other labor federation and from discharging them for failure to comply. Plaintiffs brought this action individually and as a class suit for the benefit...

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