STATE EX REL. WALTER v. GUTZLER

No. 12122.

249 N.W.2d 271 (1977)

STATE of South Dakota ex rel. Merwyn WALTER, Plaintiff, v. Rodney Eugene GUTZLER et al., Defendants.

Supreme Court of South Dakota.

Decided January 14, 1977.


Attorney(s) appearing for the Case

Paul J. Dold, Miner County State's Atty., Howard, David V. Vrooman, Sioux Falls, for plaintiff.

William J. Srstka, Jr. of Duncan, Olinger & Srstka, Pierre, for defendant, Rodney Eugene Gutzler; Rollyn H. Samp, Sioux Falls, on the brief.

William J. Janklow, Atty. Gen., Donald D. Foreman, Asst. Atty. Gen., Pierre, for defendants, Richard Kneip and Lorna Herseth.


PER CURIAM.

During the general election held November 2, 1976, Merwyn Walter, relator, and Rodney Eugene Gutzler were rival candidates for the office of Representative from the Ninth Legislative District of South Dakota. In that election, Gutzler defeated the incumbent, Walter.

On December 30, 1976, relator, through Paul Dold, Miner County State's Attorney, applied for a writ of quo warranto in this court alleging that this court has jurisdiction under SDCL...

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