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GRAVNING v. ZELLMER

Nos. 13079, 13080.

291 N.W.2d 751 (1980)

Thelma GRAVNING, Applicant, v. Steven J. ZELLMER, duly appointed, qualified and acting Secretary of Revenue of the State of South Dakota, and James Myers, duly appointed, qualified and acting Railroad Director of the State of South Dakota, Respondents. Thelma GRAVNING, Applicant, v. Alice KUNDERT, duly elected, qualified and acting Secretary of State of the State of South Dakota, Respondent.

Supreme Court of South Dakota.

Decided April 17, 1980.

Rehearing Denied May 28, 1980.

Attorney(s) appearing for the Case

L. Anthony Weisensee, Sioux Falls, for applicant.

Mark V. Meierhenry, Atty. Gen., Pierre, for respondents; David O. Carter, John C. Wiles, and John Dewell, Asst. Attys. Gen., Pierre, on brief.

Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for amicus curiae Independent Truckers Association.

Robert B. Frieberg of Frieberg, Frieberg & Peterson, Beresford, for amicus curiae Sioux Valley Regional Railroad Authority.

WOLLMAN, Chief Justice.

These are original proceedings in which applicant seeks writs of prohibition and mandamus. We deny the writs sought and quash the alternative writs previously issued.

In # 13079, applicant seeks to prohibit the Secretary of Revenue and the Director of Railroads from taking any action pursuant to Senate Bill 225, which was enacted by the Legislature on March 12, 1980.

In # 13080, applicant seeks to compel the Secretary of State...

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