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SIEFKES v. CLARK TITLE COMPANY

No. 11246.

215 N.W.2d 648 (1974)

Allen G. SIEFKES, as an Individual, and Allen G. Siefkes, as a Representative of all persons similarly situated, Plaintiff and Appellant, v. CLARK TITLE COMPANY, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

March 8, 1974.

Attorney(s) appearing for the Case

Dennis J. Batteen, Faulkton, for plaintiff and appellant.

Gale E. Fisher, May, Johnson & Burke, Sioux Falls, George J. Rice, Aberdeen, for defendant and respondent.

DOYLE, Justice.

This is a class action brought by the plaintiff alleging that the defendant charged him and other members of the class for abstracting services performed by the defendant in excess of the amount authorized by SDCL 36-13-25.* From a summary judgment in favor of the defendant plaintiff appeals.

Prior to the 1971 amendment SDCL 36-13-25 provided:

"Fees chargeable by abstracters. —The fees allowed...

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