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IN RE SDDS, INC.

Nos. 98-3588, 99-1034, 99-1035.

225 F.3d 970 (2000)

In re: SDDS, INC., a South Dakota, Corporation, Petitioner. SDDS, Inc., Appellee/Cross-appellant, v. State of South Dakota, Appellant/Cross-appellee. Mark W. Barnett, Attorney General of the State of South Dakota; Joyce Hazeltine, Secretary of State of South Dakota; George S. Mickelson, Governor of the State of South Dakota, Defendants. Action for the Environment, Intervenor Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 15, 2000.

Attorney(s) appearing for the Case

Michael John Schaffer, Sioux Falls, SD, argued, for Appellant.

Edward T. Lyons, Denver, CO, argued, for Appellee.

Before McMILLIAN, JOHN R. GIBSON and BEAM, Circuit Judges.

McMILLIAN, Circuit Judge.

This matter began in 1991 with a complaint filed in the United States District Court for the District of South Dakota by SDDS, Inc. (SDDS), against the State of South Dakota (the State), seeking declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. Since then, the case has come before this court on three separate occasions, see SDDS, Inc. v. State of South Dakota, 994 F.2d 486 (8th Cir...

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