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KNEIP v. HERSETH

No. 11348.

214 N.W.2d 93 (1974)

Richard F. KNEIP, Plaintiff and Appellant, v. Lorna HERSETH, as Secretary of State of the State of South Dakota, and Kermit A. Sande, as Attorney General of the State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

Decided January 9, 1974.

Attorney(s) appearing for the Case

Donald J. Porter, Martens, Goldsmith, May, Porter & Adam, Pierre, for plaintiff and appellant.

Samuel W. Masten, Canton, for defendants and respondents.

ISSUE I

HALL, Circuit Judge.

On May 14, 1973, the plaintiff commenced a suit against the defendants under South Dakota's Declaratory Judgment Act (SDCL 21-24). Plaintiff Governor Kneip, an announced candidate for the 1974 Democrat nomination for Governor, sought to have SDCL 12-6-2 declared unconstitutional and inapplicable to him in the 1974 primary and general elections.

Both defendants moved to dismiss...

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