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WESTERN AIR LINES, INC. v. HUGHES COUNTY

No. 14560.

372 N.W.2d 106 (1985)

WESTERN AIR LINES, INC., a corporation, et al., Plaintiffs and Appellants, v. HUGHES COUNTY, South Dakota and its Board of Commissioners, et al., Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

R.C. Riter and Robert C. Riter, Jr., of Riter, Mayer, Hofer & Riter, Pierre, for plaintiffs and appellants.

John Dewell, Asst. Atty. Gen., Pierre, for defendants and appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

MORGAN, Justice.

The question raised by this appeal is whether 49 U.S.C. § 1513(d) amending the Airport Development Acceleration Act of 1973, preempts SDCL ch. 10-29, Taxation of Airline Flight Property (tax). The appeal involves the various actions of five airlines, Western Air Lines, Republic Airlines, Frontier Airlines, Ozark Air Lines and Continental Airlines (airlines) seeking redress for 1982 taxes assessed by the Department of Revenue of the State of South...

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