MITCHELL SCH. DIST. NO. 17-2 v. WELFL CONST.

Nos. 13429, 13430.

329 N.W.2d 138 (1983)

MITCHELL SCHOOL DISTRICT NO. 17-2, A Corporation, Plaintiff and Appellant, v. WELFL CONSTRUCTION COMPANY, A Corporation; Warren Dixon, Individually and As a Partner in Dixon & Brown; Harold W. Brown, As a Partner in Dixon & Brown; and Argyle R. Townswick, Defendants and Appellees, and Johnson Controls, Inc., A Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 26, 1983.


Attorney(s) appearing for the Case

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for plaintiff and appellant Mitchell School Dist. No. 17-2.

Michael L. Luce and Lyle J. Wirt of Davenport, Evans, Hurwitz & Smith, Richard 0. Gregerson of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee Welfl Const. Co.

Leroy S. Lassegard, Mitchell, for defendant and appellee Warren Dixon.

Ronald W. Banks and Jerry D. Johnson of Banks & Johnson, Rapid City, for defendant and appellee Harold W. Brown.

Dennis R. Padrnos of Tinan, Padrnos, Smith & Saukerson, Mitchell, for defendant and appellee Argyle R. Townswick.

Edward J. Leahy of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for defendant and appellant Johnson Controls, Inc.


WOLLMAN, Justice.

These are appeals from judgments on the pleadings entered in favor of appellees. We affirm.

Appellant School District brought an action against appellees for deficiencies in the design, planning, supervision, and construction of the swimming pool area of a junior high school building in which construction was completed in 1969. Appellant School District also sued appellant Johnson Controls, Inc., for failing to properly service and maintain...

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