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STATE v. THREE ISO-2 DEVICES, ETC.

No. 12810.

296 N.W.2d 510 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. THREE ISO-2 DEVICES, SERIAL NOS. 13801, 13825, and 13904, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 3, 1980.

Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

N. Dean Nasser, Jr., Sioux Falls, for defendants and appellants.

MORGAN, Justice.

This appeal stems from a final judgment entered by the trial court which ordered that the three defendant ISO-2 devices were to be forfeited to and disposed of by the State. We reverse.

Captain Ahab's, Ltd., a South Dakota domestic corporation doing business as Iron Creek in Sioux Falls, South Dakota, ordered several ISO-2 devices (isomerizers). The record does not reflect the exact number of devices originally ordered or the disposition of...

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