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SCHRYVER v. SCHIRMER

Nos. 10708, 10711.

171 N.W.2d 634 (1969)

Don SCHRYVER and James H. McKelvey, Petitioners and Respondents and Cross Appellants, v. M. E. SCHIRMER, Earl McCart and Dave Witte, Mayor and City Commissioners for the City of Sioux Falls, South Dakota, and Manfred Szameit, City Auditor for the City of Sioux Falls, South Dakota, Defendants and Appellants and Cross Respondents.

Supreme Court of South Dakota.

October 22, 1969.

Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, for petitioners and respondents and cross appellants.

Russell R. Greenfield, Sioux Falls City Atty., Sioux Falls, for defendants and appellants and cross respondents.

HOMEYER, Judge.

This appeal and cross appeal involves the constitutionality of an initiated salary ordinance1 passed by the electorate of the City of Sioux Falls at a municipal election held on April 9, 1968. The defendant city officials refused to comply with the ordinance and the present proceeding was brought by petitioners on behalf of themselves and all other members of the fire and police...

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