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JOHNSON v. CITY COM'N OF CITY OF ABERDEEN

No. 12227.

272 N.W.2d 97 (1978)

Drew C. JOHNSON, Plaintiff and Respondent, v. The CITY COMMISSION OF the CITY OF ABERDEEN, and Jeff Solem, Allen Gates, Robert Nikolas, Mae Zemlica and Alton Westby, constituting the members of said Board, Defendants and Appellants, and Brown County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

November 30, 1978.

Attorney(s) appearing for the Case

Drew C. Johnson pro se.

Charles B. Kornmann of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendants and appellants.

Jerald M. McNeary, State's Atty., Aberdeen, for defendant and respondent.

ZASTROW, Justice.

This is an appeal by the city commission of the City of Aberdeen (City) and its members from a judgment in favor of Drew C. Johnson (Johnson) in the sum of $800 and costs. We affirm.

On July 1, 1975, one James Halvorson was arrested and charged with driving under the influence of an alcoholic beverage, SDCL 32-23-1. He was also charged with assaulting a police officer, a violation of the Aberdeen City Code. Halvorson filed an affidavit stating...

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