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DIRECT AUTO BUYING SERVICE, INC. v. WELCH

No. 13314.

308 N.W.2d 570 (1981)

DIRECT AUTO BUYING SERVICE, INC., a Georgia Corporation, and Keith T. Carlyle, Plaintiffs and Appellees, v. Buddy WELCH, Director of the Department of Public Safety for the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 22, 1981.

Attorney(s) appearing for the Case

David P. Olson, Rapid City, for plaintiffs and appellees.

Mark W. Barnett, Asst. Atty. Gen., Pierre, for defendant and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

HENDERSON, Justice.

ACTION

Appellant Buddy Welch, as Director of the South Dakota Department of Public Safety, appeals from the trial court's judgment dated October 20, 1980, which declared SDCL 32-6-1, SDCL 32-6-4.1 and SDCL 32-6-5 unconstitutional for being in violation of Art. I, § 8 of the United States Constitution, commonly referred to as the Commerce Clause.1 This action was commenced by a complaint filed by appellees...

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