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

No. 94-1688.

47 F.3d 263 (1995)

SDDS, INC., a South Dakota corporation, Appellant, v. STATE OF SOUTH DAKOTA; Mark W. Barnett, Attorney General of the State of South Dakota; Walter D. Miller, as Governor of the State of South Dakota; Joyce Hazeltine, Secretary of State of the State of South Dakota, Appellees, Action for the Environment, Intervenor Below.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1995.

Attorney(s) appearing for the Case

Edward T. Lyons, Jr., Denver, CO. (David E. Driggers and Thomas J. Burke, Jr., on the brief), for appellant.

Roxanne Giedd, Asst. Atty. Gen., Pierre, SD (Diane Best, Asst. Atty. Gen., on the brief), for appellee.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

MAGILL, Circuit Judge.

South Dakota Disposal Systems, Inc., (SDDS) appeals the district court's grant of summary judgment to the defendants, the State of South Dakota and various state officials (collectively, "South Dakota"), and its denial of SDDS's cross-motion for summary judgment. At issue in this § 1983 suit is whether the referendum of a measure permitting SDDS to operate a large-scale municipal solid waste disposal (MSWD) facility in South Dakota violates...

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