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HOLLAND v. PARKER

Civ. No. 70-76C.

332 F.Supp. 341 (1971)

William J. HOLLAND, Plaintiff, v. Albert M. PARKER, Commissioner of Motor Vehicles, State of South Dakota, Defendant.

United States District Court, D. South Dakota, Central Division.

October 12, 1971.

Attorney(s) appearing for the Case

Alan L. Austin, Austin, Hinderaker & Hackett, Watertown, S. D., for plaintiff.

A. H. Shuster, Asst. Atty. Gen., Pierre, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this action plaintiff seeks a preliminary and final injunction pursuant to 28 U.S.C.A. Secs. 2281, 1343(3) and 42 U.S.C.A. Sec. 1983 to prevent defendant, Commissioner of Motor Vehicles, from revoking plaintiff's driving permit pursuant to S.D.Code Sec. 44.0302-2 (Supp.1960) now S.D.Comp.Laws Ann. Secs. 32-23-10 to 32-23-17 (1967 and 1971 Supp.). Plaintiff also asks that a three-judge court as required by 28 U...

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