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UNITED STATES v. UPTON, INC.

Civ. No. 74-1028.

424 F.Supp. 1099 (1976)

UNITED STATES of America, Plaintiff, v. UPTON, INC., et al., Defendants.

United States District Court, D. South Dakota.

February 26, 1976.

Attorney(s) appearing for the Case

William F. Clayton, U. S. Dist. Atty., and Robert D. Hiaring and Peter J. Horner, Asst. U. S. Attys., Sioux Falls, S. D., for plaintiff.

Vincent Protsch, of Mumford, Protsch, Sage & Pardy, Howard, S. D., and Steven A. Carter, Sioux City, Iowa, for defendant Stan Sherman.

Dale E. Bradshaw, Watertown, S. D., for defendants Upton, Inc., Rodney A. Upton II, and Janet T. Upton.

Harvey C. Jewett, of Siegel, Barnett, Schutz, O'Keefe & Ogborn, Aberdeen, S. D., for defendant Peter Peterson.

James R. Delaney, Day County State's Atty., Webster, S. D., for defendant Day County.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This action comes before the Court on a motion for summary judgment by the Plaintiff. Defendant Stan Sherman, d/b/a Sherman Produce Co. (hereinafter Sherman) has filed what may be titled as a resistance to Plaintiff's motion for summary judgment. Defendant Sherman has also moved for summary judgment.1 No other Defendants have appeared in opposition...

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