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DACY v. GORS

Nos. 17505, 17508.

471 N.W.2d 576 (1991)

Michael DACY, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. "G's", Petitioners, v. The Honorable Max A. GORS, Circuit Court Judge, Sixth Judicial Circuit, Respondent. Michael DACY, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. "G's", Plaintiffs and Movants, v. Ionia KLEIN, Defendant and Respondent.

Supreme Court of South Dakota.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Abourezk Gregory, for petitioners, plaintiffs and movants; Wally Eklund and Michael Abourezk of Johnson, Eklund & Abourezk, Gregory, on brief.

Mark Smith, Asst. Atty. Gen., Pierre, for defendant and respondent; Mark Barnett, Atty. Gen., Pierre, on brief.

Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Ionia Klein; Edward J. Leahy and Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

MILLER, Chief Justice.

This is an original mandamus proceeding commenced seeking to require a circuit judge to grant an application for a preliminary injunction and to require that certain disputed lottery proceeds be deposited with his court pending final determination of the litigation below. This court issued an alternative writ of mandamus requiring the circuit judge to enter an order temporarily requiring the deposit...

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