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SOUTH DAKOTA BD. OF REGENTS v. MEIERHENRY

Nos. 14309, 14353.

351 N.W.2d 450 (1984)

SOUTH DAKOTA BOARD OF REGENTS, Applicant and Appellee, v. Judith MEIERHENRY, Secretary of the Department of Labor, Respondent and Appellant, and Melinda Sanderson (a/k/a Melinda Heegel), Loretta Metzger, Richard Kline, Real Parties in Interest, and James Zeman and the Council of Higher Education (COHE), Real Parties in Interest and Appellants.

Supreme Court of South Dakota.

Decided July 3, 1984.

Attorney(s) appearing for the Case

James E. Carlon of Gors & Braun, Pierre, for appellee Bd. of Regents.

Richard Dale, Asst. Atty. Gen., Pierre, for respondent and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

James McMahon of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for real party in interest Melinda Sanderson.

Karen Bjerke of Hagen & Wilka, Sioux Falls, for appellants James Zeman and the Council of Higher Educ. (COHE); Thomas K. Wilka of Hagen & Wilka, Sioux Falls, on the brief.

FOSHEIM, Chief Justice.

James Zeman, the Council of Higher Education and the Secretary of the South Dakota Department of Labor appeal the issuance of a peremptory writ of prohibition. We reverse.

The writ prohibited the secretary of labor from assuming jurisdiction over matters involving employment qualifications, salaries and discharge of professional employees at institutions under the control of the South Dakota Board of Regents. It was issued in response...

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