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WARINNER v. REPUBLIC AIRLINES, INC.

No. 13681.

327 N.W.2d 117 (1982)

Larry L. WARINNER, Plaintiff and Appellant, v. REPUBLIC AIRLINES, INC.; Kitty Essman, Payroll Manager; Dennis Foster, Section Manager; Walter E. Neilsen, Assistant Treasurer-Taxes, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 15, 1982.

Attorney(s) appearing for the Case

William A. Cohan, Denver, Colo., and Andrew B. Reid, Piedmont, for plaintiff and appellant.

Thomas W. Stanton of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendants and appellees.

Philip N. Hogen, U.S. Atty., Sioux Falls, and Glenn L. Archer, Jr., Asst. Atty. Gen., and Michael L. Paup, Carleton D. Powell, Larry Meuwissen, Dept. of Justice, Washington, D.C., for amicus curiae United States of America.

HENDERSON, Justice.

ACTION

Appellant's petition requesting an injunction to forbid future withholding of federal income tax, recovery for past amounts withheld, and nominal damages of one dollar in silver was dismissed by the trial court's order of November 17, 1981. Appellant filed a notice of appeal to this Court on January 14, 1982. On March 12, 1982, pursuant to SDCL 15-26A-74, the United States of America was allowed to appear as amicus curiae.<...

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