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HARTER v. CITY OF COLOME

No. 13172.

310 N.W.2d 165 (1981)

Ferman HARTER, Plaintiff and Appellant, v. CITY OF COLOME, a municipal corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 16, 1981.

Attorney(s) appearing for the Case

Stanley F. Whiting of Day, Grossenburg & Whiting, Winner, for plaintiff and appellant.

Ruben G. Maulis and Donald E. Covey, Winner, for defendant and appellee.

PER CURIAM.

Ferman Harter, (appellant), brought this negligence and breach of contract action against the City of Colome, (appellee), after he was the high bidder at a public auction. Appellee's motion for summary judgment was granted. We affirm.

This case comes to us on an agreed statement of the record. SDCL 15-26A-55. In 1977, appellee declared as surplus approximately 40 acres of land that it once used as a well field; in recent years appellee leased most...

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