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S.D. DEPT. OF HEALTH v. HEIM

No. 14464.

357 N.W.2d 522 (1984)

SOUTH DAKOTA DEPARTMENT OF HEALTH, Plaintiff and Appellee, v. Tony HEIM, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

James M. Cremer of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/FACTS

This is an appeal from a judgment of December 21, 1983, after trial to the court, denying compensation from the State of South Dakota for the destruction of a diseased elk herd. We affirm.

A skin test administered to appellant's elk in September 1981, indicated the presence of bovine tuberculosis. The animals were placed under quarantine and on October 2, 1981, a Complaint for Abatement of a Public Health...

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