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STALLAND v. SOUTH DAKOTA BD. OF BAR EXAMINERS

Civ. No. 81-3046.

530 F.Supp. 155 (1982)

Re: Luther M. STALLAND v. SOUTH DAKOTA BOARD OF BAR EXAMINERS; Thomas E. Simmons, Thomas C. Adam, Robert B. Frieberg, all members of the South Dakota Board of Bar Examiners; Supreme Court of the State of South Dakota; Roger L. Wollman, Francis G. Dunn, Robert E. Morgan, Jon Fosheim, Frank E. Henderson, all Justices of the Supreme Court of South Dakota.

United States District Court, D. South Dakota.

January 15, 1982.

Attorney(s) appearing for the Case

Wm. J. Srstka, Jr., Pierre, S. D., K. Peter Stalland, Minneapolis, Minn., for plaintiff.

Douglas E. Kludt, Asst. Atty. Gen., Robert C. Riter, Pierre, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, Chief Judge.

This action concerns the constitutional validity of S.D.C.L. 16-16-2 and 16-16-7 which provide that an applicant for admission to practice law in South Dakota must be a resident of this state.1 Luther Stalland, the plaintiff, claims the residency requirement violates the privileges and immunities clause of article IV, section 2 of the Federal Constitution, and both the due process and equal...

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