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NIST v. HERSETH

No. 12518.

270 N.W.2d 565 (1978)

Theodore A. NIST, Plaintiff, v. The Honorable Lorna B. HERSETH, Secretary of State of the State of South Dakota, Defendant.

Supreme Court of South Dakota.

Decided September 13, 1978.

Attorney(s) appearing for the Case

Terence A. O'Keefe and Jeffrey T. Sveen of Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, for plaintiff.

Harry W. Christianson, Asst. Atty. Gen., Pierre, for defendant; William J. Janklow, Atty. Gen., Pierre, on the brief.

WOLLMAN, Chief Justice.

On February 1, 1978, the South Dakota House of Representatives passed House Bill No. 1277, entitled "An Act to Repeal the Guest Statute." The bill passed the Senate without amendment on February 7, 1978, and was signed by the Governor on February 23, 1978, and now appears as Ch. 240, Laws of 1978. On March 10, 1978, pursuant to SDCL 2-1-6.1 a blank copy of a referendum petition identifying the above described Act as the object of a referral...

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