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McCAY v. STATE OF SOUTH DAKOTA

No. CIV 73-3017.

366 F.Supp. 1244 (1973)

Elta M. McCAY et al., Plaintiffs, v. The STATE OF SOUTH DAKOTA et al., Defendants.

United States District Court, D. South Dakota,

November 15, 1973.

Attorney(s) appearing for the Case

Stephen L. Pevar, Legal Services, Rosebud, S. D., for plaintiff.

Neil Carsrud, Asst. Atty. Gen., Pierre, S. D., for defendants.

Before LAY, Circuit Judge, and NICHOL, Chief District Judge, and BOGUE, District Judge.

OPINION OF THE COURT

BOGUE, District Judge.

This action was filed to contest the constitutional validity of the South Dakota durational residency requirement for divorce.1 Plaintiffs are residents of South Dakota who had not complied with the durational residency requirements at the time of the commencement of this suit. The suit seeks to have the enforcement of the durational residency requirement enjoined. A three-judge district...

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