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JACOBSEN v. HOWARD

No. 95-4158.

109 F.3d 1268 (1997)

Harlan L. JACOBSEN, Plaintiff-Appellee, v. Richard HOWARD, Secretary of the State of South Dakota, Transportation, individually and in that capacity; Jeff Holden, Director of South Dakota Highway Safety and Motor Vehicles, individually and in that capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 24, 1997.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Assistant Attorney General, Pierre, SD, argued, for defendants-appellants.

Harlan L. Jacobsen, pro se.

Before LOKEN, JOHN R. GIBSON, and HANSEN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Richard Howard, Secretary of State of South Dakota Transportation, and Jeff Holden, Director of South Dakota Highway Safety and Motor Vehicles, appeal from the district court's1 order declaring unconstitutional three South Dakota statutes, that prohibit newspaper vending machines at interstate rest areas, and enjoining Howard and Holden from enforcing the statutes against Harlan L. Jacobsen, a newspaper publisher...

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