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SOUTHEASTERN HUMAN DEVELOPMENT CORP. v. SCHWEIKER

Civ. No. 81-3072.

531 F.Supp. 440 (1982)

SOUTHEASTERN HUMAN DEVELOPMENT CORPORATION, a non-profit South Dakota corporation, Plaintiff, v. Richard S. SCHWEIKER, Secretary of the Department of Health and Human Services, an agency of the United States of America; Robert L. Trachtenberg, Acting Director of the Office of Community Services of the Department of Health and Human Services; United States of America; William J. Janklow, Governor of the State of South Dakota; and South Dakota State Planning Bureau; and Dana Nelson, Defendants.

United States District Court, D. South Dakota, Central Division.

January 18, 1982.

Attorney(s) appearing for the Case

Jeff P. Masten, Canton, S. D., for plaintiff.

Dawn R. Bowen, Asst. U. S. Atty., Pierre, S. D., for federal defendants.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, S. D., for defendant State of South Dakota.

Wayne F. Gilbert, Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, S. D., for intervenor, Western South Dakota Community Action, Inc.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiff brought this action seeking an injunction enjoining defendants from disbursing or expending the allotment available to the State of South Dakota under Subtitle B-Community Service Block Grant Program of the Omnibus Budget Reconciliation Act of 1981. On December 23, 1981, following a hearing in which all parties appeared by counsel, this Court granted a temporary restraining...

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