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HIGH-GRADE OIL CO., INC. v. SOMMER

No. 12868.

295 N.W.2d 736 (1980)

HIGH-GRADE OIL COMPANY, INC., a/k/a High Grade Oil Company, Inc., and James R. Donovan, Plaintiffs and Appellants, v. Maynard SOMMER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 20, 1980.

Attorney(s) appearing for the Case

Acie W. Matthews, of Willy, Pruitt, Matthews, Hurd, Farrell, Frankman & Johnson, Sioux Falls, for plaintiffs and appellants.

Robert D. Hofer, of Riter, Mayer, Hofer & Riter, Pierre, for defendant and appellee.

MORGAN, Justice.

Appellants filed suit against appellee as a joint tort-feasor for his part in the design and construction of a stretch of U.S. Highway 12 upon which a collision occurred wherein one person was seriously injured. The trial court granted summary judgment followed by summary judgment nunc pro tunc. We affirm.

The facts of the collision are immaterial except that (1) James R. Donovan, in the course...

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