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FOSS v. DYKSTRA

No. 13547.

319 N.W.2d 499 (1982)

John FOSS, Calvin Willemsen, Fred Schafer, Francis Parker, Fred Krull, Warren Ludeman, Ebenezer United Presbyterian Church, an ecclesiastical congregation, and The United Presbytery Church in the United States of America, a corporation, Plaintiffs and Appellees, v. Virgil DYKSTRA, Leroy Fett, Robert Steadman, Elroy Bossman, Fred Haan, Alvin Sinning, Joseph T. Miller, Stanley L. Plucker, Wendell H. Strasser, Limbertus Kingma, Wayne Kock, Duane Devries, Alvin Haan, J. Harley Miller, Keith Beeners, Joel Begeman, Jeff Haan, Paul Bossman, Phillip Fett, and Ebenezer United Presbyterian Church of Lennox, S.D., a corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 19, 1982.

Attorney(s) appearing for the Case

Richard Braithwaite, Sioux Falls, for plaintiffs and appellees.

Richard Bogue of Rudolph & Bogue, Canton, and W. J. Williamson of Williamson & Tabor, Greenville, Ala., for defendants and appellants.

FOSHEIM, Justice.

The controversy between the parties to this action is the result of doctrinal differences which caused the membership of the Ebenezer Presbyterian Church of Lennox, appellant (local church), to withdraw from the denomination of the United Presbyterian Church in the United States of America, appellee (national church). This action involves ownership of the local church assets. The national church instituted...

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