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  5. 192 N.W.2d 705 (1971)
 

CITY OF WINNER v. LINEBACK

Nos. 10659, 10745.

192 N.W.2d 705 (1971)

CITY OF WINNER, South Dakota, Respondent, v. Don LINEBACK, d/b/a Don-Aire Flying Service, Appellant. Don LINEBACK, d/b/a Don-Aire Flying Service, Appellant, v. CITY OF WINNER, South Dakota, Respondent.

Supreme Court of South Dakota.

December 16, 1971.

Attorney(s) appearing for the Case

Charles Rick Johnson, of Johnson & Johnson, Gregory, for appellant.

John Simpson, Winner, for respondent.

WOLLMAN, Judge (on reassignment).

This consolidated appeal involves a forcible entry and detainer suit brought by the City of Winner, South Dakota, (City) against Don Lineback, doing business as Don-Aire Flying Service (Lineback) and a declaratory judgment action brought by Lineback against the city. Lineback appeals from judgments entered in favor of the city in both actions.

On June 28, 1967 Lineback presented a written application to the members of the...

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