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SMILEY v. STATE OF SOUTH DAKOTA

No. CIV 76-5007.

415 F.Supp. 870 (1976)

R. A. SMILEY and Mary H. Smiley v. STATE OF SOUTH DAKOTA et al.

United States District Court, D. South Dakota.

July 7, 1976.

Attorney(s) appearing for the Case

Robert E. Driscoll, Jr., U. of S.D., Vermillion, S.D., William E. Anderson, R. A. Smiley, Belle Fourche, S.D., for plaintiffs.

Thomas E. Carr, Belle Fourche, William J. Janklow, Atty. Gen., State of S.D., Pierre, S.D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

INTRODUCTION

Plaintiffs filed a Complaint in this Court alleging a violation of due process of law as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States. More specifically, plaintiffs allege that the State of South Dakota; the Water Rights Commission, an agency of the State; and the Belle Fourche Irrigation Project, a corporate entity operating by the authority of...

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