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AASE v. STATE, SOUTH DAKOTA BD. OF REGENTS

No. 15246.

400 N.W.2d 269 (1987)

Clifford Scott AASE, et al., Plaintiffs and Appellants, v. STATE of South Dakota, SOUTH DAKOTA BOARD OF REGENTS et al., Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 28, 1987.

Rehearing Denied March 9, 1987.

Attorney(s) appearing for the Case

Celia Miner of Brady, Kabeiseman, Reade & Johnson, Yankton, and David J. Figuli of Wickens, Herzer & Panza, P.C., Greeley, Co., for plaintiffs and appellants.

Terry N. Prendergast of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, Wayne F. Gilbert and Ronald W. Banks of Banks & Johnson, P.C., Rapid City, and John Meyer of South Dakota Board of Regents, Pierre, for defendants and appellees.

HEEGE, Circuit Judge.

This is one of a series of actions brought to test the legality of closing the University of South Dakota at Springfield (USD/S) and the effect of such closing on various individuals.1 The plaintiffs in this action are students who attended USD/S during the academic year 1983-84. The defendants include the members of the South Dakota Board of Regents, individually and in their capacity as regents. The trial court...

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