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CITY OF SIOUX FALLS v. NAUSED

No. 11245.

218 N.W.2d 536 (1974)

CITY OF SIOUX FALLS, a municipal corporation under the Laws of the State of South Dakota, Plaintiff, v. Walter H. NAUSED and Marianne D. Naused, Defendants and Respondents, Sturdevant's L & L Motor Supply, Inc., Defendant, and Sioux Brake and Equipment Company, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 3, 1974.

Attorney(s) appearing for the Case

Willy, Pruitt, Matthews & Jorgensen, Roy E. Willy and Gene E. Pruitt, Sioux Falls, for defendants and respondents.

Blaine Simons, Sioux Falls, for defendant and appellant.

BIEGELMEIER, Chief Justice.

On the original submission of this appeal, majority and dissenting opinions were written which indicate the facts and differing viewpoints. The opinions are reported in S.D., 214 N.W.2d 74, where the majority directed the dismissal of the Sioux Brake appeal. A petition for rehearing was granted.

With additional facts hereafter added, an outline of the position and interests of the parties to the...

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