IN RE STATE OF S.D.

Nos. 82-1783, 82-1875.

692 F.2d 1158 (1982)

In re STATE OF SOUTH DAKOTA, Petitioner. AMERICAN RE-INSURANCE COMPANY, a Delaware Corporation, Appellee, v. William J. JANKLOW, Individually and as Governor of the State of South Dakota; Vernon L. Larson, Individually and as Auditor of The State of South Dakota; Tim Engelhart, Individually and as Director of the Bureau of Administration of the State of South Dakota; James E. Brinkman, Individually and as Director of the Department of Purchasing and Printing of the State of South Dakota, Appellants. The Bureau of Administration of the State of South Dakota; and the State of South Dakota.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1982.

As Amended December 2, 1982.


Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Grant Gormley, Mark Smith, Asst. Attys. Gen., Pierre, S.D., for petitioner.

Lawrence L. Piersol, Celia Miner, Legal Intern, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., James M. Samples, Stephen D. Bell, Faegre & Benson, Minneapolis, Minn., for American Re-Ins. Co.

Gary E. Davis, Rick Johnson, Johnson, Eklund & Davis, Gregory, S.D., for appellants.

Before LAY, Chief Judge, and HEANEY and McMILLIAN, Circuit Judges.


LAY, Chief Judge.

The State of South Dakota has filed an original petition seeking a writ of prohibition under 28 U.S.C. § 1651 to prevent the enforcement of a preliminary injunction issued by the United States District Court for the District of South Dakota. We have informally consolidated this petition with an appeal by four individual state officers against whom the injunction is directed.

Facts.

In June 1981, American Re-Insurance...

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