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BURKE v. SCHMIDT

No. 11001.

191 N.W.2d 281 (1971)

Charles H. BURKE and Harry D. Witt, Plaintiffs, v. Ronald SCHMIDT and Elvern Varilek, Defendants.

Supreme Court of South Dakota.

Decided October 27, 1971.

Attorney(s) appearing for the Case

David A. Gerdes, Pierre, argued the cause for plaintiffs. Martens, Goldsmith, May, Porter & Adam, Pierre, on the briefs.

Steven L. Jorgensen, Sioux Falls, argued the cause for defendants. Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, on the briefs.

William J. Srstka, Jr., Asst. Atty. Gen., Pierre, argued the cause and filed a brief on behalf of Gordon J. Mydland, Atty. Gen., as amicus curiae.

ORIGINAL ACTION

BIEGELMEIER, Presiding Judge.

This is an original action in the nature of quo warranto to determine the rights of two members of the Board of Regents.1 From the stipulated facts it appears plaintiffs were appointed members of the State Board of Regents by Governor Nils A. Boe after his inauguration January 5, 1965. Plaintiff Burke filed his oath of office on January 13, 1965, and plaintiff Witt on January 15,...

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