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SDDS, INC. v. STATE OF S.D.

No. 92-1898.

994 F.2d 486 (1993)

SDDS, INC., a South Dakota corporation, Appellant, v. STATE OF SOUTH DAKOTA; Mark W. Barnett, Attorney General of the State of South Dakota; George S. Mickelson, Governor of the State of South Dakota; Joyce Hazeltine, Secretary of State of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1993.

Attorney(s) appearing for the Case

Marcy G. Glenn of Denver, CO, argued (William Murane, Charles Johnson, and William Mooz, Jr., Denver, CO, Marvin Truhe and Dale Cockrell, Rapid City, SD, on the brief), for appellant.

Diane M. Best, Asst. Atty. Gen., Pierre, SD, argued (Roxanne Giedd and Charles McGuigan, Asst. Attys. Gen., on the brief), for appellees.

Before MAGILL, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

MAGILL, Circuit Judge.

This case involves the dispute surrounding the construction and operation of a waste disposal facility in South Dakota. South Dakota Disposal Systems, Inc., (SDDS) appeals the decision of the district court granting a judgment of dismissal in favor of the appellees (hereinafter collectively referred to as the State). The district court held that SDDS's present constitutional challenges in federal court were precluded under the doctrine of collateral...

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