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ESTATE OF SEDLACEK v. MOUNT MARTY HOSPITAL ASS'N

No. 11089.

218 N.W.2d 875 (1974)

In the Matter of the ESTATE of Patricia Blanche SEDLACEK, also known as Patricia B. Sedlacek, Deceased, Appellant, v. MOUNT MARTY HOSPITAL ASSOCIATION, d/b/a Sacred Heart Hospital and Agricultural Insurance Company, Respondents.

Supreme Court of South Dakota.

Rehearing Granted June 12, 1974.

Rehearing Denied July 2, 1974.

Attorney(s) appearing for the Case

Brady, Kabeiseman, Light & Reade, John R. Kabeiseman and Gerald L. Reade, Yankton, for appellant.

May, Johnson & Burke, Harold C. Doyle, Sioux Falls, for respondents.

EVANS, Circuit Judge.

This is an appeal from a judgment of the circuit court affirming an order of the district county court which denied a petition to vacate and set aside an order of the county court1 authorizing compromise of a wrongful death claim, decree of distribution and final discharge of special administrator.

Appellant's first contention is that there was fraud, deceit and...

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