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STENE v. BERESFORD SCH. DIST., NO. 61-2, ETC.

No. CIV76-4085.

425 F.Supp. 1389 (1977)

Richard W. STENE, Plaintiff, v. BERESFORD SCHOOL DISTRICT NO. 61-2 OF UNION COUNTY, SOUTH DAKOTA, et al., Defendants.

United States District Court, D. South Dakota, S. D.

February 14, 1977.

Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, S. D., for plaintiff.

Robert B. Frieberg and Phillip O. Peterson, Frieberg & Frieberg, Beresford, S. D., John E. Simko, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendants.

NICHOL, Chief Judge.

This is an action which seeks to enjoin the construction of a school building in Beresford, South Dakota. The plaintiff is an "elector and taxpayer", residing in Beresford. The defendants are the school district, the school board, and five of the seven members of the school board, who are sued both in their individual capacities and as members of the board. Plaintiff asserts jurisdiction under 42 U.S.C. section 1983, 28 U.S.C. section 1343(3)...

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