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  5. 155 N.W.2d 300 (1968)
 

BARON BROS., INC. v. NATIONAL BANK OF S. D., SIOUX FALLS

Nos. 10434, 10441.

155 N.W.2d 300 (1968)

BARON BROTHERS, INCORPORATED, a Corporation, Plaintiff and Appellant, v. The NATIONAL BANK OF SOUTH DAKOTA, SIOUX FALLS, a Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

January 4, 1968.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and respondent.

BIEGELMEIER, Judge.

Plaintiff lessor brought this action under SDC 1960 Supp. 37.01 for a declaration of rights, status and legal relations of the parties under a written lease with defendant lessee, and for injunctive relief or in the alternative—damages, to which the defendant filed an answer and counterclaim. The lease for a term extending through December 31, 1972, was dated July 31, 1952 and rented the two lower floors of a 9-story bank and office building...

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