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BURNS v. KURTENBACH

No. 13896.

327 N.W.2d 636 (1982)

Robert V. BURNS, Plaintiff and Appellant, v. Aelred KURTENBACH and Marvin Scholten, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 21, 1982.

Attorney(s) appearing for the Case

Robert Fite of Stanton & Fite, Brookings, for plaintiff and appellant.

George S. Mickelson of McCann, Martin & Mickelson, P.C., Brookings, for defendants and appellees.

WOLLMAN, Justice.

This is an original action in the nature of a quo warranto proceeding. We conclude that a judgment should be entered removing the defendants from their positions as school board members of the Brookings School District 5-1 and declaring that the plaintiff is entitled to be seated as school board member of that district.

Prior to the May 14, 1982, deadline, plaintiff, Burns, and defendants, Kurtenbach and Scholten, as well as another individual...

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