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STATE THEATRE CO. v. SMITH

No. 12498.

276 N.W.2d 259 (1979)

STATE THEATRE COMPANY, a South Dakota Corporation, Plaintiff and Appellant, v. Boyce SMITH, City Finance Officer, in and for the City of Brookings, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Decided March 8, 1979.

Attorney(s) appearing for the Case

George S. Mickelson, of McCann, Martin & Mickelson, Brookings, for plaintiff and appellant.

Todd D. Boyd, Brookings, for defendant and respondent; Alan F. Glover, of Denholm & Glover, Brookings, on the brief.

HENDERSON, Justice.

PARTIES

The Plaintiff-Appellant, State Theatre Company, a South Dakota Corporation, brought suit in Brookings County against the Defendant-Respondent, Boyce Smith, as city finance officer of the City of Brookings. For convenience and clarity, the parties will be referred to as State Theatre and Smith.

ACTION

State Theatre sought an alternative writ of mandamus ordering Smith to publish notice of an ordinance rezoning...

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