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MID-AMERICA MARKETING CORP. v. DAKOTA, ETC.

No. 12085.

289 N.W.2d 797 (1980)

MID-AMERICA MARKETING CORPORATION, Plaintiff and Respondent, v. DAKOTA INDUSTRIES, INC. and LaMaur, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 12, 1980.

Rehearing Denied April 14, 1980.

Attorney(s) appearing for the Case

David J. Vickers of Boyce, Murphy, Mc Dowell & Greenfield, Sioux Falls, for plaintiff and respondent; David V. Vrooman, Sioux Falls, Terry N. Prendergast of Boyce, Murphy, Mc Dowell & Greenfield, Sioux Falls, on brief.

Charles A. Mays of Leonard, Street & Deinard, Minneapolis, Minn., for defendants and appellants; Deming Smith of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

MORGAN, Justice.

This case is before us on the petition of Mid-America Marketing for rehearing. The parties will be referred to herein in the same manner as they were referred to in the original opinion. The factual history of the case is detailed in Mid-America Marketing v. Dakota Industries, Inc., 281 N.W.2d 419 (S.D.1979), and can be capsulized as follows.

Mid-America (respondent) brought an action against Dakota...

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