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FILE - In this June 13, 2007 file photo, South Dakota Tourism and State Development Secretary Richard Benda speaks at a news conference in Elk Point, S.D. Bob Mercer, a journalist in South Dakota, is suing Attorney General Marty Jackley for more information about the October 2013 death of Benda, the former state economic development director. Mercer was unsuccessful in getting records earlier through an administrative law process. Jackley says he has followed the law. (AP Photo/File)

FILE - In this June 13, 2007 file photo, South Dakota Tourism and State Development Secretary Richard Benda speaks at a news conference in Elk Point, S.D. Bob Mercer, a journalist in South Dakota, is suing Attorney General Marty Jackley for more information about the October 2013 death of Benda, the former state economic development director. Mercer was unsuccessful in getting records earlier through an administrative law process. Jackley says he has followed the law. (AP Photo/File)

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