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BURKE v. FOSS

No. 14007.

334 N.W.2d 861 (1983)

John E. BURKE, Plaintiff and Appellee, v. Joe FOSS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 8, 1983.

Attorney(s) appearing for the Case

Sidney B. Strange of Strange, Strange & Palmer, Sioux Falls, for plaintiff and appellee.

John Simko of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendant and appellant.

HERTZ, Circuit Judge.

Appellee Burke commenced this action against appellant Foss to recover legal fees for services rendered in a divorce action. The services included two court trials, an appeal and several post-trial hearings. Foss appeared and by answer raised the affirmative defense of the statute of limitations. The trial court entered judgment in the amount of $6,000.00. Foss appeals from this judgment. There is no transcript other than Burke's deposition,...

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