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HOLLAND v. PARKER

No. 71-1728.

469 F.2d 1013 (1972)

William J. HOLLAND, Appellant, v. Albert M. PARKER, Commissioner of Motor Vehicles, State of South Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1972.

Attorney(s) appearing for the Case

Alan L. Austin, Watertown, S. D., Austin, Hinderaker & Hackett, Watertown, S. D., for appellant.

A. S. Shuster, Asst. Atty. Gen., Pierre, S. D., for appellee; Gordon Mydland, Atty. Gen., on the brief.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The plaintiff, William J. Holland, has questioned the constitutionality of South Dakota's implied consent statute which provided:

" * * * Any person who operates any vehicle in this state shall be deemed to have given his consent to a chemical analysis of his blood * * * for the purpose of determining the amount of alcohol in his blood * * * provided that such test is administered at the direction of a police officer having reasonable...

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