BETTELYOUN v. SANDERS

No. 11735.

243 N.W.2d 790 (1976)

Loretta BETTELYOUN, Individually, et al., Plaintiffs-Appellants, v. W. Ray SANDERS, Defendant-Respondent, and Ray Sanders Development, Inc., Defendant.

Supreme Court of South Dakota.

July 2, 1976.


Attorney(s) appearing for the Case

Black Hills Legal Services, Inc., Gregory D. Lewis, Rapid City, for appellants.

Robert B. Looby, Pierre, for respondent.


WINANS, Justice.

This is an appeal from an order of the Circuit Court for the Seventh Judicial Circuit dismissing W. Ray Sanders as a party defendant in the above-entitled action.1 Plaintiff's claim is that the trial court erred in dismissing W. Ray Sanders, individually. We agree.

Before reaching the merits, there is a matter that must be settled. Defendant urges that this order is not subject to appeal because "the order appealed...

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