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ZENS v. CHICAGO, MILWAUKEE, ST. PAUL & PAC. R.

No. 14956.

386 N.W.2d 475 (1986)

James R. ZENS and Darlene K. Zens, Plaintiffs and Appellants, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY; and Aberdeen Township, Defendants, Third-Party Plaintiffs, and Appellees, v. MAJESTIC CONTRACTORS, LTD., formerly Majestic Wiley Contractors, Ltd., a corporation, Third-Party Defendant.

Supreme Court of South Dakota.

Decided April 16, 1986.

Attorney(s) appearing for the Case

James M. Cremer, of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for plaintiffs and appellants.

Chester A. Groseclose, Jr., of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, for Chicago, Milwaukee, St. Paul and Pacific R. Co., defendant, third-party plaintiff, and appellee.

Jeffrey T. Sveen and Philo Hall, of Siegel, Barnett & Schutz, Aberdeen, for Aberdeen Tp., defendant, third-party plaintiff, and appellee.

HENDERSON, Justice.

ACTION

This is an appeal by a husband and wife from a summary judgment granted in favor of the defendants, Chicago, Milwaukee, St. Paul and Pacific Railroad Company and Aberdeen Township, in a personal injury action. Wife's action sounds in loss of consortium. We affirm in part, reverse in part, and remand.

PARTIES

Plaintiffs-appellants herein are James and Darlene Zens. We collectively refer to them as the Zens and...

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