Torigian v. Saunders

In this litigation plaintiff Torigian seeks a judgment declaring our butterfat tax law unconstitutional. The defendants, other than the Attorney General, are the officers and directors of the American Dairy Association of South Dakota. They moved to dismiss the action for the reason that the complaint failed to state a claim upon which relief could be granted and for the further reason that plaintiff did not have standing to prosecute the same. The motion was granted. On plaintiff’s election not to amend, a judgment of dismissal was entered. This appeal is from that judgment. The action was…