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BANNER HEALTH SYSTEM v. LONG

No. 22543.

663 N.W.2d 242 (2003)

2003 SD 60

BANNER HEALTH SYSTEM, Plaintiff, v. Lawrence E. LONG, in his official capacity as Attorney General of South Dakota, Defendant.

Supreme Court of South Dakota.

Decided May 21, 2003.

Attorney(s) appearing for the Case

Lonnie R. Braun of Thomas, Nooney, Braun, Solay & Bernard, Rapid City, South Dakota, and Patrick J. Kelleher, Patrick S. Coffey, Peter C. Koch of Gardner, Carton & Douglas LLC, Chicago, Illinois, Attorneys for plaintiff.

Lawrence E. Long, Attorney General, Mark W. Barnett, Chief Deputy Attorney General, Roxanne Giedd, Jeffrey P. Hallem, Assistant Attorney Generals, Pierre, South Dakota, Attorneys for defendant.

SABERS, Justice.

[¶ 1.] On March 8, 2002, Banner Health System (Banner) filed a complaint in the United States District Court for declaratory and other relief against the South Dakota Attorney General. Banner sought a ruling that it is governed solely by the state's nonprofit corporation law with respect to the sale of its facilities in South Dakota. The Attorney General filed a motion to dismiss. The district court denied the motion to dismiss and certified...

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