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HOLLAND v. PARKER

No. CIV70-76C.

354 F.Supp. 196 (1973)

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

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

February 15, 1973.

Attorney(s) appearing for the Case

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

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

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

OPINION OF THE COURT

NICHOL, Chief District Judge.

This three-judge court was convened at the direction of the Eighth Circuit Court of Appeals. Holland v. Parker, 469 F.2d 1013 (8th Cir. 1972). Upon appeal from the District Court of South Dakota, the Court of Appeals ruled that plaintiff, Holland, had raised a substantial constitutional question concerning South Dakota's implied consent statute, SDCL 1967, Sec. 32-23-10...

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