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BOLAND v. CITY OF RAPID CITY

Nos. 13121-13131, 13204.

315 N.W.2d 496 (1982)

Vincent H. BOLAND, Edna Kingsbury Boland and Combined Cases, Plaintiffs and Appellees, v. CITY OF RAPID CITY, a Municipal Corporation and County of Pennington, Defendants and Third-Party Plaintiffs and Appellants, v. STATE of South Dakota, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 3, 1982.

Rehearing Denied March 26, 1982.

Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellees.

Horace R. Jackson of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendants and third-party plaintiffs and appellants.

Camron Hoseck, Asst. Atty. Gen., Pierre, for third-party defendant and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

MORGAN, Justice.

This action arose from the destruction of appellees' property by appellants, Rapid City and Pennington County, under "Operation Bulldozer," a cleanup operation following the 1972 flood which inundated a large part of the Rapid City area. The Circuit Court dismissed appellees' action against the State, but upheld their actions against appellants. The trial court also denied appellees' request for attorney fees. This appeal

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