DOUGLAS INDEPENDENT SCHOOL DISTRICT NO. 3 v. JORGENSON

Civ. 68-19C.

293 F.Supp. 849 (1968)

DOUGLAS INDEPENDENT SCHOOL DISTRICT NO. 3 who sues on its own behalf and on behalf of all other school districts similarly situated, and Frederick L. Gray and Antonia B. Kopp who sue on behalf of themselves and all other citizens similarly situated, Plaintiffs, v. Lloyd JORGENSON, State Auditor, State of South Dakota, Pierre, South Dakota; Al Hamre, State Treasurer, State of South Dakota, Pierre, South Dakota; Alvin F. Bies, Assistant Director, Statistical Services, Department of Public Instruction, Pierre, South Dakota; Gale D. Schlueter, Director, Statistical Services, Department of Public Instruction, Pierre, South Dakota; James C. Schooler, Assistant Superintendent, Administration, Department of Public Instruction, Pierre, South Dakota; Dr. Gordon A. Diedtrich, Superintendent of Public Instruction, Department of Public Instruction, State of South Dakota; Defendants.

United States District Court D. South Dakota, C. D.

November 26, 1968.


Attorney(s) appearing for the Case

Melvin D. Wedmore, Rapid City, S. D., for plaintiffs.

Frank L. Farrar, Atty. Gen., and C. J. Kelly, Asst. Atty. Gen., State of South Dakota, for defendants.

Before VAN OOSTERHOUT, Chief Circuit Judge, NICHOL, Chief District Judge, and BECK, District Judge.


MEMORANDUM DECISION

NICHOL, Chief District Judge.

This constitutes at least the third in a series of challenges to state laws seeking to deduct certain percentages of Federal impact funds from the amount of state aid to impacted school districts. Three-judge Federal district courts in both Virginia and Kansas have sustained such challenges. We do the same in South Dakota.

The Douglas Independent School District No. 3, (hereinafter referred to as...

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