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LANNING CONST., INC. v. ROZELL

No. 13397.

320 N.W.2d 522 (1982)

LANNING CONSTRUCTION, INC., Plaintiff and Appellant, v. E. E. ROZELL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 9, 1982.

Attorney(s) appearing for the Case

Carleton R. Hoy and Sarah Richardson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

John F. Murphy of Donley & Murphy, Elk Point, for defendant and appellee.

FOSHEIM, Justice.

Appellant brought this action to recover for work performed for appellee. The jury awarded appellant $2,400. Appellee's motion for judgment notwithstanding the verdict was granted and a judgment was entered accordingly. This appeal is from the order and judgment notwithstanding the verdict. We affirm.

Appellant is a family corporation that operates heavy equipment to clear land and do earthwork. The firm's two full time employees, who also...

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