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SOUTH DAKOTA H. S. I. A. ASS'N v. ST. MARY'S INTER-P.H.S.

No. 10272.

141 N.W.2d 477 (1966)

The SOUTH DAKOTA HIGH SCHOOL INTERSCHOLASTIC ACTIVITIES ASSOCIATION, by R. M. Walseth, Executive Secretary, et al., Plaintiffs and Appellants, v. ST. MARY'S INTER-PAROCHIAL HIGH SCHOOL OF SALEM, South Dakota, et al., Defendants and Respondents.

Supreme Court of South Dakota.

April 8, 1966.

Attorney(s) appearing for the Case

Samuel W. Masten, of Masten & Myrabo, Canton, G. F. Johnson, Gregory, for plaintiffs and appellants.

John S. Murphy, Jeremiah D. Murphy and Marvin D. Keller, of Boyce, Murphy & McDowell, Louis H. Smith, Claude Hamilton, Sioux Falls, Joseph Barnett, of Agor, Siegel, Barnett & Schutz, Aberdeen, C. J. Nagel, Salem, for defendants and respondents.

BANDY, Circuit Judge.

The South Dakota High School Interscholastic Activities Association, an unincorporated organization, together with the individuals acting as its Board of Control and its Executive Secretary, sought a judgment declaring Chapter 51 of the Laws of 1964 to be unconstitutional. By counterclaim St. Mary's Inter-Parochial High School of Salem, South Dakota, and others, asked enforcement of Chapter 51 by mandamus...

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