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MERKWAN v. STATE BY AND THROUGH JANKLOW

No. 15010.

375 N.W.2d 624 (1985)

Gary MERKWAN, Applicant, v. STATE of South Dakota, By and Through its Governor, William J. JANKLOW, Sheldon Cotton, Commissioner of School and Public Lands, Respondents.

Supreme Court of South Dakota.

Decided October 9, 1985.

Attorney(s) appearing for the Case

Celia Miner of Brady, Kabeiseman, Reade & Johnson, Yankton, for applicant.

Mark V. Meierhenry, Atty. Gen., Pierre, for respondents.

MORGAN, Justice.

This case was brought by petition to commence an original action seeking (1) a declaratory judgment that S. 310 60th Sess. (1985) (SB 310/85) is unconstitutional; and (2) a writ of prohibition to prevent the Governor and the Commissioner of School and Public Lands from taking action to combine the Springfield Trust assets with the normal schools of South Dakota lands permanent fund and interest and income...

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