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OWENS v. CITY OF BERESFORD

No. 10958.

201 N.W.2d 890 (1972)

Owen A. OWENS and Georgetta I. Owens, Plaintiffs and Respondents, v. CITY OF BERESFORD, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

November 15, 1972.

Attorney(s) appearing for the Case

Robert B. Frieberg, Frieberg & Frieberg, Beresford, for defendant and appellant.

Blaine O. Rudolph, Rudolph & Bogue, Canton, for plaintiffs and respondents.

HANSON, Presiding Judge, on reassignment.

This is an action for damages brought by plaintiffs for the alleged unlawful termination of their electrical and telephone service by the City of Beresford. The City appeals from a judgment in the amount of $750 entered on a verdict in favor of plaintiffs. The City also appeals from an order dismissing its counterclaim against plaintiffs in the amount of $101.60 for garbage hauling fees.

In 1955 the City of Beresford...

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