BELL v. SELLEVOLD

Nos. 83-1168, 83-1235.

713 F.2d 1396 (1983)

Eldon E. BELL, Appellee, v. Chester SELLEVOLD, Alvin Block, Ardis Abbott, Orville Hein, and Charles Hesla, individually and as members of the Board of Commissioners of Day County, South Dakota; and Day County, an organized county of the State of South Dakota, Appellants. In re DAY COUNTY, SOUTH DAKOTA, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1983.

Rehearing and Rehearing Denied September 15, 1983.


Attorney(s) appearing for the Case

David A. Gerdes, May, Adam, Gerdes & Thompson, Pierre, S.D., and Thomas E. Klinkel, Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, S.D., for appellee.

Edwin E. Evans, Michael J. Schaffer, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., and Leon J. Vander Linden, State's Atty., Day County, Webster, S.D., for appellants and petitioner.

Before ROSS, ARNOLD and JOHN R. GIBSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 15, 1983.

ARNOLD, Circuit Judge.

This case involves the efforts of Day County, South Dakota, to evict Eldon E. Bell, M.D., from space he has been using in a medical clinic in Webster, South Dakota, owned by the county. The governing body of the county, the Board of County Commissioners, brought an action against Dr. Bell in a state court for forcible entry and detainer...

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