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BANEY v. COOLEY

No. 10130.

129 N.W.2d 536 (1964)

Mike BANEY, d/b/a Mike Baney Plumbing and Heating, Plaintiff and Appellant, v. Crystal C. COOLEY and First National Bank of Aberdeen, Executors of the Estate of Frank H. Cooley, Deceased, Defendant and Respondent.

Supreme Court of South Dakota.

July 6, 1964.

Attorney(s) appearing for the Case

H. I. King, Jr., Aberdeen, for plaintiff and appellant.

Douglas W. Bantz, Aberdeen, for defendants and respondents.

PER CURIAM.

The appeal in the above action was perfected December 4, 1963. Since that time the suggestion has been made to this court that the plaintiff has died, his estate has been probated and an executrix appointed therefor and that the attorney for the appellant has withdrawn as such by written notice thereof given to said executrix; that said executrix has retained other attorneys to represent her; that no motion...

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