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STATE v. HUGHES COUNTY COMMISSION

No. 10158.

133 N.W.2d 228 (1965)

STATE of South Dakota ex rel. Harlan SMALL, individually and as representative of Hughes County Taxpayers, Plaintiff and Appellant, v. HUGHES COUNTY COMMISSION and B. A. Gregg, Jean Capin, P. M. Lindbloom, Dan B. Garber, and Ralph Spaid, individually, Defendants and Respondents.

Supreme Court of South Dakota.

February 17, 1965.

Attorney(s) appearing for the Case

Roubideaux, Poches & Reade, Fort Pierre, for plaintiff and appellant.

Robert D. Hofer, Hughes County State's Atty., Pierre, for defendants and respondents.

HANSON, Judge.

A Writ of Prohibition is requested in this taxpayers' action to restrain and prohibit the Commissioners of Hughes County from entering into a certain contract for the rental of road equipment and labor on an hourly basis. The Writ having been denied by the lower court, the taxpayers have appealed.

The facts are not in dispute. In December 1963 the Commissioners of Hughes County caused a Notice to Bidders to be published requesting sealed bids...

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