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COOK v. CARLSON

Civ. 73-4042.

364 F.Supp. 24 (1973)

Elizabeth W. COOK, Plaintiff, v. Milton O. CARLSON, Defendant.

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

August 2, 1973.

Attorney(s) appearing for the Case

Timothy J. Nimick, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., appeared in behalf of plaintiff.

R. G. May, May, Johnson & Burke, Sioux Falls, S. D., appeared in behalf of defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This case centers upon the constitutionality of South Dakota's mechanics' and materialmen's lien statutes, S.D. Comp.L.Ann. 44-9 et seq. (1967). For reasons stated hereafter, I conclude that those statutes are constitutional.

The controversy necessitating resolution of this important and complex issue is rather simple. The plaintiff, Elizabeth W. Cook, is the owner of certain commercial rental property in...

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