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JEITZ v. FLEMING

No. 11331.

217 N.W.2d 868 (1974)

Larry JEITZ, Plaintiff, v. Berdell FLEMING et al., Defendants and Third Party Plaintiffs and Appellants, v. Anthony BENTON, Compulsory Cross Claimant, Third Party Defendant and Respondent.

Supreme Court of South Dakota.

May 17, 1974.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Thomas E. Simmons, Rapid City, for defendants, third party plaintiffs and appellants Berdell Fleming and Dennis Fleming.

LaFleur & Lehnert, Robert F. LaFleur, Rapid City, for defendant, third party plaintiff and appellant Fall River Feed Lots, Inc.

Lynn, Jackson, Shultz, Ireland & Lebrun, Kelton S. Lynn, Rapid City, for compulsory cross claimant, third party defendant and respondent.

DUNN, Justice.

This action was originally commenced by Larry Jeitz on January 7, 1972, as plaintiff against Berdell Fleming, Dennis Fleming and Fall River Feed Lots, Inc., hereinafter referred to as Feed Lot, defendants. Thereafter, Anthony Benton was joined as a defendant by a third party complaint and he in turn cross claimed against the Flemings and the Feed Lot. The Jeitz case was later settled and the cross claim by Benton against the Flemings and the Feed Lot...

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