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  5. 268 N.W.2d 142 (1978)
 

STATE v. ONE 1969 DODGE CHARGER AUTO., ETC.

No. 12158.

268 N.W.2d 142 (1978)

STATE of South Dakota, Plaintiff and Appellant, v. ONE 1969 DODGE CHARGER AUTOMOBILE, WHITE OVER RED, SERIAL NUMBER VIN XP29H96167914, Defendant and Respondent.

Supreme Court of South Dakota.

July 20, 1978.

Attorney(s) appearing for the Case

Doyle D. Estes, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, on brief.

Robert Moore, Rapid City and Homer Kandaras of Kandaras, Mickel and Wagner, Rapid City, for defendant and respondent.

PER CURIAM.

On April 16, 1975, the respondent's automobile was seized under the forfeiture provisions of SDCL 39-17. After a year of procedural maneuvers the parties signed this stipulation:

IT IS HEREBY STIPULATED AND AGREED by and between said parties through the undersigned, respective counsel of record, that Plaintiff's Complaint is hereby dismissed with prejudice, and without notice upon payment by the Defendant of the Plaintiff's costs in this action...

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