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BLACKMOON v. CHARLES MIX COUNTY

No. Civ. 05-4017.

386 F.Supp.2d 1108 (2005)

Evelyn A. BLACKMOON; Robert W. Cournoyer; Sharon Drapeau; and Alan Flying Hawk, Plaintiffs, v. CHARLES MIX COUNTY; Carrol Allen; Keith Mushitz; and Herman Peters, in their official capacities as members of the Charles Mix County Commission; and Norman Cihak, in his official capacity as Auditor of Charles Mix County, Defendants.

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

September 8, 2005.

Attorney(s) appearing for the Case

Bryan L. Sells, American Civil Liberties Union Foundation, Atlanta, GA, John W. Keller, Keller Law Office, Huron, SD, for Plaintiffs.

Donald P. Knudsen, Sara Frankenstein, Shane C. Penfield, Gunderson, Palmer, Goodsell & Nelson, LLP, Rapid City, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Plaintiffs filed a Motion for Summary Judgment, Doc. 14, seeking summary judgment in their favor on their one-person-one-vote claim under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as alleged in count one of their complaint. Defendants filed a Motion to Stay Plaintiffs' summary judgment motion based upon the outcome of a preliminary injunction motion in the...

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