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SIMPSON v. TOBIN

Nos. 14096, 14619.

367 N.W.2d 757 (1985)

John J. SIMPSON, William F. Day, Jr., Mick Grossenburg and Stanley E. Whiting, for and in behalf of the other taxpayers of Tripp County, South Dakota, Plaintiffs and Appellees, v. Tommy Drake TOBIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 1, 1985.

Rehearing Denied June 17, 1985.

Attorney(s) appearing for the Case

J.M. Grossenburg of Day, Grossenburg & Whiting, Winner, for plaintiffs and appellees; William F. Day, Jr. and Stanley E. Whiting of Day, Grossenburg & Whiting, John J. Simpson, Winner, on brief.

Jack Theeler of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant.

HERTZ, Circuit Judge.

This is an appeal by appellant Tommy Drake Tobin (Tobin) from a final judgment disallowing a claim for legal services filed by Tobin and approved and paid by a majority of the members of the county commission of Tripp County, South Dakota (Appeal # 14096). Appeal is also taken from the supplemental judgment entered by the trial court, which held House Bill 1266 unconstitutional (Appeal # 14619). The South Dakota State's Attorneys Association...

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