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SCHARN v. ECKER

No. 11322.

218 N.W.2d 478 (1974)

Harvey E. SCHARN, Plaintiff and Appellant, v. P.K. ECKER, Sr., Defendant and Respondent.

Supreme Court of South Dakota.

May 22, 1974.

Attorney(s) appearing for the Case

Gene E. Pruitt, Acie W. Matthews, Steve Jorgensen, Sioux Falls, for plaintiff and appellant.

Richard W. Sabers, David V. Vrooman, Sioux Falls, for defendant and respondent.

WINANS, Justice.

This is a Quo Warranto proceeding upon leave of court. The factual situation is simple and undisputed. Plaintiff Scharn was elected for a six-year term as Public Utilities Commissioner from the First District, in a general election in November 1966. He qualified for such office in January 1967 and in the normal course such term would expire January 1, 1973. The defendant, P. K. Ecker, Sr., opposed the plaintiff for this office in the general election...

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