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

No. 91-5121.

843 F.Supp. 546 (1994)

SDDS, INC., a South Dakota corporation, Plaintiff, v. STATE OF SOUTH DAKOTA, Mark Barnett, as Attorney General for the State of South Dakota; Walter D. Miller, as Governor of the State of South Dakota; and Joyce Hazeltine, as Secretary of State of the State of South Dakota, Defendants, and Action for the Environment, Intervenor/Defendant.

United States District Court, D. South Dakota, W.D.

January 28, 1994.

Attorney(s) appearing for the Case

Marvin D. Truhe, Rapid City, SD, Edward T. Lyons, Jr., David E. Driggers, Thomas J. Burke, Jr., Jones & Keller, Denver, CO, for plaintiff.

Mark W. Barnett, Roxanne Giedd, Diane M. Best, Atty. General's Office, Pierre, SD, for defendants.

Bruce H. Ellison, Rapid City, SD, for intervenor.

MEMORANDUM OPINION

BATTEY, District Judge.

PROCEDURAL HISTORY

On October 18, 1993, defendants the State of South Dakota, Attorney General of South Dakota Mark Barnett, Secretary of State Joyce Hazeltine, and Governor Walter D. Miller (collectively "defendants") filed a second motion seeking summary judgment in their favor. On December 3, 1993, plaintiff South Dakota Disposal Systems, Inc. (SDDS) filed...

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