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WALKER v. WEGNER

No. 79-1821.

624 F.2d 60 (1980)

Mary Ann WALKER, Eleanor Grace Elliott, and Ken Hardman, Appellees, v. Helen WEGNER, Secretary of the Department of Commerce and Consumer Affairs, and Mark V. Meierhenry, Attorney General, individually and in their official capacities, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Richard H. Wendt, Asst. Atty. Gen. (argued), Mark V. Meierhenry, Atty. Gen., Pierre, S. D., on brief, for appellants.

David Grosz (argued), Larry J. Roberts of Barry A. Fisher Law Offices, Los Angeles, Cal., and William J. Srstka, Jr., Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, S. D., on brief, for appellees.

Before LAY, Chief Judge, ROSS, Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Defendants Helen Wegner and Mark Meierhenry appeal on behalf of the State of South Dakota from an order of the South Dakota District Court1, 477 F.Supp. 648, granting plaintiffs' motion for a preliminary injunction and denying defendants' motion to dismiss based on the abstention doctrine enunciated by the United States Supreme Court in Younger v. Harris,

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