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JACOBSEN v. HOWARD

Civ. No. 94-4244.

904 F.Supp. 1065 (1995)

Harlan L. JACOBSEN, Editor/Publisher of Solo, RFD, Plaintiff, v. Richard L. HOWARD, Secretary of the State of South Dakota Transportation, individually and in that capacity; Jeff Holden, Director of South Dakota Highway Safety and Motor Vehicles, individually and in that capacity, Defendants.

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

November 6, 1995.

Attorney(s) appearing for the Case

Harlan L. Jacobsen, Sioux Falls, SD, pro se.

Richard J. Helsper, Helsper & Rasmussen, Brookings, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Harlan Jacobsen, appearing pro se, seeks a declaratory judgment that three South Dakota statutes prohibiting the placement of his newspaper vending machines at interstate rest areas in South Dakota violate the First Amendment and thus are unconstitutional facially and as applied. Jacobsen also seeks damages under 42 U.S.C. § 1983 for the removal, without due process, of his newspaper vending machine...

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