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JOHNSON v. HERSETH

No. 12053.

246 N.W.2d 102 (1976)

Warren JOHNSON, Petitioner and Respondent, and Donald P. Mackintosh, Party Petitioner and Respondent, v. Lorna HERSETH, Secretary of State of the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

September 29, 1976.

Attorney(s) appearing for the Case

William J. Janklow, Atty. Gen., R. Van Johnson, Asst. Atty. Gen., Pierre, for defendant and appellant.

Joaquin K. Hanson, Hanson & Hanson, Sioux Falls, Frank J. Brady, Brady, Kabeiseman & Reade, Yankton, for petitioner and respondent.

PER CURIAM.

Petitioners sought and were granted a writ of mandamus requiring appellant, secretary of state, to certify the name of petitioner Warren Johnson as a candidate for the state senate on the November general election ballot for Minnehaha County. The secretary of state appealed and this court has expedited this appeal as it is a matter of great public concern.

We reverse.

The trial court incorporated...

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