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IN RE DAVIS

No. 22935.

681 N.W.2d 452 (2004)

2004 SD 70

In re Dorothy DAVIS, Bankruptcy Debtor.

Supreme Court of South Dakota.

Decided May 26, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, David D. Wiest, Assistant Attorney General, Pierre, South Dakota, Attorneys for Intervenor.

James A. Craig, Sioux Falls, South Dakota, Attorney for Bankruptcy Debtor Dorothy Davis.

John S. Lovald of Olinger, Lovald, McCahren and Reimers, Pierre, South Dakota, Chapter 7 Bankruptcy Trustee.

KONENKAMP, Justice.

[¶ 1.] The United States District Court for the District of South Dakota, the Honorable Lawrence L. Piersol, Chief Judge, certified two questions for this Court: (1) Whether the last sentence of SDCL 43-45-3(2) violates Article VI § 18 of the South Dakota Constitution. (2) Whether the last sentence of SDCL 43-45-3(2) violates Article XXI § 4 of the South Dakota Constitution. On the first...

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