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INVESTIGATION OF HY. CONST. IND. v. BARTHOLOW

No. 14818.

373 N.W.2d 419 (1985)

In the Matter of the INVESTIGATION of the HIGHWAY CONSTRUCTION INDUSTRY, Office of Attorney General, Petitioner and Appellee, v. Donald H. BARTHOLOW, Respondent and Appellant.

Supreme Court of South Dakota.

Decided August 21, 1985.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for petitioner and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Joseph M. Butler and Terry L. Hofer of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for respondent and appellant.

WUEST, Acting Justice.

Donald H. Bartholow (appellant) appeals from a final order directing him to appear before the Office of the Attorney General (OAG) to be examined under oath subject to a grant of immunity under SDCL 37-1-19, South Dakota's former trade regulation immunity statute. We dismiss.

On May 25, 1984, the OAG issued a Civil Investigative Demand to appellant, under SDCL 37-1-11.1, -11.2, and -11.3, to appear and be examined under oath as to knowledge...

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