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HULSTEIN v. MEILMAN FOOD INDUSTRIES

No. 12790.

293 N.W.2d 889 (1980)

Tony HULSTEIN, Plaintiff and Appellant, v. MEILMAN FOOD INDUSTRIES, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 25, 1980.

Rehearing Denied July 23, 1980.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff and appellant.

Edwin E. Evans and Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.

DUNN, Justice.

In an action in the Circuit Court of the Second Judicial Circuit, plaintiff Tony Hulstein received a jury award of $7,000 actual damages and $50,000 punitive damages. The trial court, in response to a motion by defendant Meilman Food Industries, Inc. (Meilman) for judgment n. o. v. or, alternatively, for a new trial, denied the motion for new trial on the condition that Hulstein file a remittitur accepting reduced damages of $4,574.46 actual damages...

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