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STATE v. BROSZ

No. 10124.

131 N.W.2d 69 (1964)

STATE of South Dakota ex rel. DAKOTA SAVINGS AND LOAN ASSOCIATION, Relator, Plaintiff and Respondent, v. Oscar BROSZ, as Superintendent of Banks of the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

October 23, 1964.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for defendant and appellant.

Woods, Fuller, Schultz & Smith, Sioux Falls, for plaintiff and respondent.

BIEGELMEIER, Presiding Judge.

Dakota Savings and Loan Association is a corporation duly organized under Title 7 of the South Dakota Code of 1939 with its principal place of business at Sioux Falls, South Dakota. According to SDC 7.0106 no such association is permitted to transact any business unless it has been regularly authorized in writing by the Superintendent of Banks to begin the business contemplated by such association. SDC 7.0105 provides as follows:

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