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  5. 67 N.W.2d 149 (1954)
 

CARLSON v. CITY OF FAITH

Nos. 9399, 9414, 9417.

67 N.W.2d 149 (1954)

Louis W. CARLSON and R. J. Kovarik, Plaintiffs and Respondents, v. CITY OF FAITH, a Municipal Corporation, Intervener, Vernon Donnenwirth, Defendant and Appellant. Louis W. CARLSON and R. J. Kovarik, Plaintiffs and Respondents, v. CITY OF FAITH, a Municipal Corporation, Intervener, Lionel A. Sutfin, Defendant and Appellant. Louis W. CARLSON and R. J. Kovarik, Plaintiffs and Respondents, v. CITY OF FAITH, a Municipal Corporation, Intervener, West River Oil Co., a Corporation and Virgil R. Nesland, Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied January 11, 1955.

Further Rehearing Denied February 2, 1955.

Attorney(s) appearing for the Case

Bangs & McCullen and H. F. Fellows, Rapid City, for plaintiffs and respondents.

E. V. Morrill, Sturgis, for intervener.

Parker & Parker, Deadwood, and Russell C. Molstad, Sturgis, for defendants and appellants.

Rehearing Denied in No. 9417, January 11, 1955.

Further Rehearing as to Attorney's Fees Denied February 2, 1955.

LEEDOM, Judge.

The three cases entitled above grow out of a common factual situation. The issue is the same in all three. We dispose of them with this one opinion.

Each individual appellant named above, while a member of the city council of the city of Faith, sold the city goods and merchandise and received and retained payment therefor...

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