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SOUTH DAKOTA ASS'N, ETC. v. STATE, ETC.

No. 12581.

280 N.W.2d 662 (1979)

SOUTH DAKOTA ASSOCIATION OF TOBACCO AND CANDY DISTRIBUTORS and Tri-State Tobacco and Candy Company, a South Dakota Corporation, Plaintiffs and Respondents v. STATE of South Dakota, acting By and Through its DEPARTMENT OF REVENUE, Honorable Oren P. Coler as Secretary of the Department of Revenue, Honorable William J. Janklow, as Attorney General of the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 21, 1979.

Attorney(s) appearing for the Case

John P. Dewell, Asst. Atty. Gen., Pierre, for defendants and appellants; William J. Janklow, Atty. Gen., Pierre, on the brief.

Gary F. Colwill of Schmidt, Schroyer & Colwill, Pierre, for plaintiffs and respondents.

MORGAN, Justice.

This is an appeal from a declaratory judgment of the Circuit Court for the Sixth Judicial Circuit, Hughes County, which declared Section 253 of Chapter 190 of the 1977 South Dakota Session Laws to be unconstitutional in that said section is a violation of Article III, § 21 of the South Dakota Constitution,1 and from the ensuing judgment for mandamus and peremptory writ of mandamus. We affirm.

During the 1976...

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