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FREEMAN v. BLAIR

No. 85-5169.

862 F.2d 1330 (1988)

Glenn T. FREEMAN and Lucy E. Freeman, individually and d/b/a Belvidere East KOA Kampground, Appellants, v. Richard W. BLAIR, individually and in his capacity as Secretary of Health, State of South Dakota; Douglas E. Kludt, individually and in his capacity as Assistant Attorney General, State of South Dakota; Michael J. Baker, individually and in his capacity as Assistant Program Director, Department of Health, State of South Dakota; John Does "A" through "K" whose true names are not known, but are believed to be officers, agents or employees of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1988.

Rehearing Denied January 30, 1989.

Attorney(s) appearing for the Case

Glenn T. Freeman, Midland, S.D., pro se.

Mark A. Moreno, Pierre, S.D., for appellees.

Before HEANEY, Circuit Judge, TIMBERS, Senior Circuit Judge, and BOWMAN, Circuit Judge.

PER CURIAM.

Our previous decision in this case is reported at 793 F.2d 166 (8th Cir.1986). The Supreme Court granted defendants' petition for a writ of certiorari, vacated our judgment, and remanded the case to us for further consideration in light of Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987), and New York v. Burger, 482 U.S. 691

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