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ASMUSSEN v. SCHMIDT

Nos. 11182-11187.

202 N.W.2d 857 (1972)

Thomas S. ASMUSSEN, Plaintiff-Appellant, v. Lowell SCHMIDT, Commissioner of Revenue of the State of South Dakota and George Chamales, Defendants-Respondents, and G. E. Kelso and F. M. McDaniels, Jr., Defendants-Cross-Appellants.

Supreme Court of South Dakota.

December 8, 1972.

Attorney(s) appearing for the Case

Donald J. Porter, of Martens, Goldsmith, May, Porter & Adam, Pierre, for plaintiff-appellant, Thomas S. Asmussen.

Keith A. Tidball, Pierre, for defendant, George Chamales.

John Dewell, Asst. Atty. Gen., Pierre, for defendant, Lowell Schmidt, Commissioner of Revenue of the State of S. D.

Charles Poches, Jr., Fort Pierre, for defendants-cross-appellants, G. E. Kelso and F. M. McDaniels, Jr.

RENTTO, Associate Judge.*

Plaintiff Asmussen on December 14, 1971 applied to the City of Pierre for a license to sell intoxicating liquors on-sale. Notice of this was published and after a hearing his application was approved by the Board of Commissioners of the city, and forwarded to the defendant Commissioner of Revenue. On January 13, 1972, the Commissioner returned the application to the...

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