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KROEGER v. SIOUX FALLS HUMANE SOCIETY

No. 10546.

163 N.W.2d 539 (1969)

Jean R. KROEGER et al., Petitioners and Respondents, v. SIOUX FALLS HUMANE SOCIETY, and Stella E. Walker, Dan D. Haley, John R. Fitzgibbon, Lorraine M. Reiser, Marvin W. Zebell and Joseph N. Josten, as members of the Board of Directors of the Sioux Falls Humane Society; and Josephine M. Skaff, as Secretary-Treasurer of the Sioux Falls Humane Society, Respondents and Appellants.

Supreme Court of South Dakota.

Rehearing Denied January 24, 1969.

Attorney(s) appearing for the Case

Richard O. Gregerson, Woods, Fuller, Shultz & Smith, Sioux Falls, for petitioners and respondents.

Louis H. Smith, Sioux Falls, for respondents and appellants.

BIEGELMEIER, Judge.

The Sioux Falls Humane Society is a charitable, nonprofit, nonstock corporation having members only. Article I of its bylaws provides any person interested in promoting the purposes of the Society shall be eligible for membership upon approval of the Board of Directors, and another fixes annual dues at $1.00. On January 16, 1967 the Society had 12 qualified members not counting the petitioners in this action. The annual meeting which should have...

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