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KANALY v. STATE BY AND THROUGH JANKLOW

No. 14716.

368 N.W.2d 819 (1985)

Douglas J. KANALY, Patrick S. Konechne, Dennis L. Lihs, Robert McBride, Donald Van Cleave and Joseph W. Wolf, Plaintiffs and Appellants, v. STATE of South Dakota, By and Through its Governor, William J. JANKLOW, the South Dakota Board of Regents and the Board of Charities and Corrections, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 29, 1985.

Attorney(s) appearing for the Case

Steven M. Johnson of Brady, Kabeiseman, Reade & Johnson, Yankton, for plaintiffs and appellants; Celia Miner of Brady, Kabeiseman, Reade & Johnson, Yankton, on brief.

Gary F. Colwill of Schmidt, Schroyer, Colwill & Zinter, P.C., Pierre, for defendants and appellees; William Janklow, Governor, State of S.D., Grant E. Gormley, Chief Deputy, John W. Bastian, Asst. Atty. Gen., and James E. Carlon of Gors, Braun & Carlon, Pierre, on brief.

Charles Lacey, Sioux Falls, amicus curiae on behalf of Oscar W. Hagen, Robert R. Weber, and Raymond Martinmaas.

HENDERSON, Justice.

ACTION

This is an appeal from an order granting defendants-appellees partial summary judgment. The trial court held that no genuine issue of material fact existed as to the constitutionality of Senate Bill 221/1984 and that said bill did not violate provisions of the Enabling Act. Senate Bill 221/1984, now found in 1984 S.D.Sess.Laws ch. 138 and hereinafter referred to as S.B. 221, closed the University of South Dakota-Springfield (USD...

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