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LAWRENCE COUNTY, S. D. v. STATE OF S. D.

No. 81-1619.

668 F.2d 27 (1982)

LAWRENCE COUNTY, SOUTH DAKOTA, a Political Subdivision of the State of South Dakota; Robert Schultz, Boyd Larson, William G. Sleep, Gerald Apa and Roland Island, as Commissioners of Lawrence County, South Dakota; and Sherryl Flanagan as Auditor of Lawrence County, South Dakota, on behalf of themselves and all other counties similarly situated, Appellees, v. STATE OF SOUTH DAKOTA, Spearfish School District 40-2; Lead-Deadwood School District 40-1, Appellant. Meade School District 46-1; Black Hills Conservancy Subdistrict and Lawrence County Fire Protection District.

United States Court of Appeals, Eighth Circuit.

Decided January 20, 1982.

Attorney(s) appearing for the Case

John J. Delaney, A. P. Fuller, Amundson & Fuller, Lead, S.D., for appellant.

Craig D. Grotenhouse, argued, Grotenhouse & Johnson, Spearfish, S.D., for appellees.

Before GIBSON, Senior Circuit Judge, BRIGHT, Circuit Judge, and LARSON, Senior District Judge.

BRIGHT, Circuit Judge.

The precedential value of this case lies in its message to the practicing bar. Parties and their counsel should not bring cases to the federal courts without first making sure of the existence of federal jurisdiction. After careful examination, we find federal jurisdiction lacking in this case and regretfully order dismissal of the action.

Lawrence County, South Dakota, received funds ($128,012) from the United States during 1979-1980...

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