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GOLDEN v. OAHE ENTERPRISES, INC.

Nos. 11224, 11511.

240 N.W.2d 102 (1976)

Warren GOLDEN, Plaintiff and Appellant, v. OAHE ENTERPRISES, INCORPORATED, a corporation, et al., Defendants and Respondents. Warren GOLDEN, Plaintiff and Appellant, v. OAHE ENTERPRISES, INC., a South Dakota Corporation, et al., Defendants and Respondents.

Supreme Court of South Dakota.

March 25, 1976.

Attorney(s) appearing for the Case

Ronald G. Schmidt, of Schmidt & Schroyer, Pierre, for plaintiff and appellant.

David L. Bergren, of Bergren & Duffy, Fort Pierre, for defendants and respondents Oahe Enterprises, Inc., Donald F. Emmick and Robert Emmick.

Thomas C. Adam, of May, Porter, Adam, Gerdes & Thompson, Pierre, William J. Rawlings, of Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, Iowa, for defendant and respondent Charles A. Cannon, III.

Edward M. Blando, Special Stanley County State's Atty., Pierre, for defendant and respondent Ruth Johnson (successor in office to Eleanora LaRoche).

WILDS, Circuit Judge.

This case presents a consolidated appeal of the dismissal of two actions revolving around the exchange of personal property for shares in a corporation engaged in farming and ranching in Hughes County. Appeal No. 11224 arises from the dismissal of a replevin action venued in Stanley County. The second appeal, No. 11511, was instituted in Hughes County and is based on a sale of corporate assets and the alleged misuse of funds by corporate officers...

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