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UNITED STATES v. STATE OF S. D.

No. 80-1588.

636 F.2d 241 (1980)

UNITED STATES of America, Appellant, v. STATE OF SOUTH DAKOTA; Fall River County, South Dakota; Sherrill Dryden, in her official capacity as Fall River County Auditor, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1980.

As Amended February 25, 1981.

Attorney(s) appearing for the Case

James W. Clute, Atty., U. S. Dept. of Justice, Washington, D. C., for appellant.

Mark V. Meierhenry, Atty. Gen. of South Dakota, Pierre, S. D., for appellees.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

In April, 1976, Frank Rapp, an Indian and a resident of Shannon County, South Dakota, attempted to run for the office of county commissioner of Fall River and Shannon counties. The Fall River County Auditor refused to file his nominating petition on the advice of officials of Fall River County and the State Attorney General, who took the position that only residents of Fall River County could run for the office of county commissioner. As a consequence...

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