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BROWN v. FOWLER

No. 12306.

279 N.W.2d 907 (1979)

Donald W. BROWN and Bette L. Brown, Plaintiffs and Appellants, v. Jerry D. FOWLER and Diamond J. Enterprises, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

Decided June 14, 1979.

Attorney(s) appearing for the Case

William Jason Groves of Sieler, Sieler & Trimble, Rapid City, for plaintiffs and appellants.

FOSHEIM, Justice.

This is an action in which plaintiff-appellants Donald W. Brown and Bette L. Brown seek damages for the settling of the basement in their residence. Defendant-respondents are Diamond J. Enterprises (Diamond J), a corporation, which constructed the house, and Jerry D. Fowler, principal shareholder, general manager and president of Diamond J. The trial court granted summary judgment in favor of defendants. We hold that defendants' negligence or lack...

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