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SMILEY v. STATE OF S. D.

No. 76-1710.

551 F.2d 774 (1977)

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

United States Court of Appeals, Eighth Circuit.

Decided March 24, 1977.

Attorney(s) appearing for the Case

James P. Hurley, Rapid City, S. D., argued and on briefs, for appellants.

William J. Janklow, Atty. Gen. and Warren R. Neufeld (argued), Pierre, S. D., on brief for State of South Dakota and Water Rights Commission of the State of South Dakota.

Thomas E. Carr, Belle Fourche, S. D., on brief for Belle Fourche Irrigation District, Inc.

Before CLARK, Associate Justice, Retired, MATTHES, Senior Circuit Judge, and HEANEY, Circuit Judge.

PER CURIAM.

R. A. Smiley and Mary H. Smiley, his wife, filed a complaint in the United States District Court for the District of South Dakota against the state of South Dakota, Water Rights Commission of the State of South Dakota, and Belle Fourche Irrigation District, a corporation, seeking to enjoin defendants from depriving plaintiffs of their vested riparian rights without due process of law and just compensation.

Plaintiffs alleged that a judgment of...

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