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STATE v. WESTLING

No. 10123.

130 N.W.2d 109 (1964)

STATE ex rel. Vernon STRENGE, E. H. King and E. C. Shanholtz, Plaintiffs and Appellants, v. Duane WESTLING, Orville Haugen, Wm. Welbig, Fred Elhoff, J. O. Lee, Palmer Kringen, Cliff Gould and H. S. Lewis, Jr., Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied October 9, 1964.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, Harold Benedict, Colman, Field, Arvesen, Donoho & Lundeen, Fergus Falls, Minn., for plaintiffs and appellants.

Carl Miller, Flandreau, Claude Hamilton, Blaine Simons, Sioux Falls, for defendants and respondents.

HOMEYER, Judge.

At a special election held on December 13, 1960, the people of Colman approved an ordinance granting its city council authority to construct and operate a municipal electric distribution system and to issue negotiable revenue bonds to finance such project under the provisions of SDC 45.24.1 An attempt to halt the mandate of such election failed when this court held any irregularities...

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