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  5. 241 N.W.2d 703 (1976)
 

DEGEN v. BAYMAN

Nos. 11336-11338.

241 N.W.2d 703 (1976)

Norbert DEGEN, Plaintiff and Respondent, v. Donald BAYMAN, Defendant, Third-party Plaintiff and Respondent, v. OUTBOARD MARINE CORPORATION, a Delaware Corporation, Defendant and Appellant. William DEGEN, Plaintiff, Appellant and Cross-Respondent, v. Donald BAYMAN, Defendant, Third-party Plaintiff, Respondent and Cross-Respondent, v. OUTBOARD MARINE CORPORATION, a Delaware Corporation, Defendant, Respondent and Cross-Appellant.

Supreme Court of South Dakota.

May 13, 1976.

Attorney(s) appearing for the Case

Franklin J. Wallahan of Hanley, Wallahan & Murray, Rapid City, for plaintiff and respondent, Norbert Degen; and for plaintiff, appellant and cross-respondent, William Degen.

William G. Porter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for Donald Bayman.

H. L. Fuller of Woods, Fuller, Shultz & Smith, Sioux Falls, George Beal, Rapid City, for Outboard Marine Corp.

MYDLAND, Circuit Judge.

This the second time that this case has been before this court. See Degen v. Bayman & Outboard Marine, 86 S.D. 598, 200 N.W.2d 134. There we held that the case had to be retried because of improper statements made by counsel in closing argument. We also held that defendant Donald Bayman was not entitled to indemnity from defendant Outboard Marine Corporation.

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