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WALKER v. WEGNER

Civ. No. 79-3051.

477 F.Supp. 648 (1979)

Mary Ann WALKER, Eleanor Grace Elliott, and Ken Hardman, Plaintiffs, v. Helen WEGNER, Secretary of the Department of Commerce and Consumer Affairs, and Mark V. Meierhenry, Attorney General, Individually and in their official capacities, Defendants.

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

September 28, 1979.

Attorney(s) appearing for the Case

Barry A. Fisher Law Offices, Barry A. Fisher, Larry J. Roberts, Los Angeles, Cal., Duncan, Olinger, Srstka, Lovald & Robbennolt, P. C., William J. Srstka, Jr., Pierre, S. D., for plaintiffs.

Mark V. Meierhenry, Atty. Gen., State of South Dakota, Pierre, S. D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiffs attack a statute of the State of South Dakota, SDCL ch. 37-27, as violative of the First and Fourteenth Amendments to the United States Constitution. This action is brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3). The State statute regulates solicitation of charitable contributions, and vests enforcement powers in...

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