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JANKLOW v. VIKING PRESS

No. 14657.

378 N.W.2d 875 (1985)

William JANKLOW, v. The VIKING PRESS, Peter Matthiessen Dakota News, Inc., d/b/a Cover To Cover; Janet Halligan; Donna Dyer, d/b/a Golden Mountain Books; and Bonnie Retterath,

Supreme Court of South Dakota.

Decided December 11, 1985.

Rehearing Denied January 15, 1986.

Attorney(s) appearing for the Case

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, Joseph Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, for plaintiff and appellant.

Martin Garbus of Frankfurt, Garbus, Klein & Selz, P.C., New York City, Gerald L. Reade of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendant and appellee The Viking Press.

Franklin J. Wallahan, Rapid City, for defendant and appellee Peter Matthiessen.

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees Dakota News, Inc. d/b/a Cover to Cover, Janet Halligan and Bonnie Retterath.

Gene R. Bushnell of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, Robert G. Mines, Hot Springs, for defendant and appellee Donna Dyer d/b/a Golden Mountain Books.

MORGAN, Justice.

In May of 1983, William J. Janklow, the present governor and former attorney general of South Dakota (Janklow), filed a complaint alleging that Peter Matthiessen (author) and Viking Penquin, Inc. (Viking), as author and publisher respectively, collaborated with the American Indian Movement (AIM), to publish and distribute a book "In the Spirit of Crazy Horse," containing numerous "false and unprivileged statements" about Janklow.

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