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SMITH v. TOBIN

No. 13070.

311 N.W.2d 209 (1981)

Luevern SMITH and Betty Jones, as Taxpayers of the County of Tripp on Behalf of Themselves and all similarly situated taxpayers, Plaintiffs and Appellees, v. Tom D. TOBIN, Individually and in his capacity of State's Attorney, Warren E. Sealey, Don Mason and Wesley Frantz, individually and in their capacity as County Commissioners, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 21, 1981.

Attorney(s) appearing for the Case

John J. Simpson, Winner, for plaintiffs and appellees.

Philip N. Hogen, Kadoka, for defendant and appellant Tom D. Tobin.

William J. Srstka, Jr., of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for defendants and appellants Warren E. Sealey and Wesley Frantz.

Robert J. Maule, Winner, for defendant and appellant Don Mason.

DUNN, Justice.

This is an appeal from an order of the trial court denying the maintenance of a class action under SDCL 15-6-23. We dismiss the appeal.

Appellees Luevern Smith and Betty Jones, on behalf of themselves as taxpayers of the County of Tripp and for all others similarly situated, brought suit against appellant Tom D. Tobin, state's attorney, and appellants Warren E. Sealey, Don Mason and Wesley Frantz, county commissioners. Appellees seek recovery...

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