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S.D. PHYSICIAN'S HEALTH GROUP v. STATE

16440.

447 N.W.2d 511 (1989)

SOUTH DAKOTA PHYSICIAN'S HEALTH GROUP, a South Dakota nonprofit corporation, Plaintiff and Appellant, v. STATE of South Dakota, acting By and Through its DEPARTMENT OF HEALTH, Honorable Katherine Kinsman as Secretary of the Department of Health, its Department of Commerce and Regulation, Division of Insurance, Honorable Jeffrey Stingley as Secretary of the Department of Commerce and Regulation, Honorable Roger Tellinghuisen as Attorney General of the State of South Dakota, Defendants and Appellees, South Dakota Chiropractors' Assn. and South Dakota Optometric Society, Dr. G.E. Lee, and Dr. John B. Jarding, Intervenors and Appellees.

Supreme Court of South Dakota.

Decided October 18, 1989.

Attorney(s) appearing for the Case

David A. Gerdes of May, Adam, Gerdes & Thompson, Pierre and Dennis A. Duncan of Zimmer & Duncan, Parker, for plaintiff and appellant.

Mark Smith, Janice Waysman and John Heege, Asst. Attys. Gen. Pierre, for defendants and appellees.

Charles B. Kornmann of Richardson, Groseclose, Kornmann, Aberdeen and Ronald G. Schmidt of Schmidt, Schroyer, Colwill, Pierre, for intervenors and appellees.

PROCEDURAL HISTORY/ISSUES

HENDERSON, Justice.

Plaintiff/Appellant, the South Dakota Physician's Health Group (Physician's Group), initiated this action against the State of South Dakota1 in the circuit court for Hughes County. Physician's Group alleged that SDCL 34-1-20, as amended by 1988 Sess.L.Ch. 273 (H.B. 1272), is unconstitutional and sought to enjoin enforcement of said statute. An amended complaint was subsequently filed...

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