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WITTMEIER v. GALL

No. 13586.

319 N.W.2d 501 (1982)

Lornell J. WITTMEIER and Charlotte H. Wittmeier, Plaintiffs and Appellants, v. Emil F. GALL and Ray M. Gall, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 19, 1982.

Attorney(s) appearing for the Case

Thomas E. Alberts of Engel & Alberts, Avon, for plaintiffs and appellants.

Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendants and appellees.

WOLLMAN, Chief Justice.

Plaintiffs and appellants (Wittmeiers) appeal from the trial court's entry of summary judgment in favor of defendants and appellees (Galls). We affirm.

In 1979 the Galls initiated a lawsuit seeking to prevent the Wittmeiers from draining surface waters from the Wittmeiers' land over the Galls' land. This lawsuit was terminated in favor of the Wittmeiers.

The Wittmeiers then started this action for malicious prosecution, seeking...

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