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SCHUETZLE v. DUBA

Civ. No. 901 N. D.

201 F.Supp. 754 (1962)

Hilmer SCHUETZLE, Willis Rodenberg, John Pollock, and Martin Schaeffer, on behalf of themselves and all others similarly situated, Plaintiffs, v. William D. DUBA, George O. Crouch, and Walter N. Evans, individually and as members of the Agricultural Stabilization and Conservation Committee for the State of South Dakota, and Al Jonnson, individually and as State Administrative Officer for the Agricultural Stabilization and Conservation Committee for the State of South Dakota, Defendants.

United States District Court D. South Dakota, N. D.

January 24, 1962.

Attorney(s) appearing for the Case

Maynes & Myers, Aberdeen, S. D., for plaintiffs.

Harold Doyle, U. S. Atty., and Travis Lewin, Asst. U. S. Atty., Sioux Falls, S. D., for defendants.

BECK, District Judge.

This is a rehearing, granted at the request of the defendants because of their complaint that the two day notice under Rule 65(b) F.R.Civ.P., 28 U.S.C.A., necessarily invoked as the first hearing was held, did not afford the time they needed to answer the plaintiffs' application for the preliminary injunction which was issued on September 23, 1961.

The controversy which led first to a restraining order and then to an application for and...

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