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BAYER v. BURKE

No. 13984.

338 N.W.2d 293 (1983)

Barry BAYER, Plaintiff and Appellant, v. J. Shanard BURKE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 21, 1983.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, Jana Miner, on brief, Vermillion, for plaintiff and appellant.

William J. Srstka, Jr., of Duncan, Olinger, Srstka, Lovald & Robbennolt, Richard P. Tieszen of Duncan, Olinger, Srstka, Lovald & Robbennolt, on brief, Pierre, for defendant and appellee.

PER CURIAM.

Appellant, Barry Bayer, appeals from an order granting appellee J. Shanard Burke's motion for summary judgment. We affirm.

Appellant brought this action on a promissory note for $211,729.97 at fifteen percent interest per annum given to him by appellee on May 12, 1980. Appellee signed the note after losing $100,000.00 in bets placed with appellant and another $100,000.00 on a "double or nothing" bet placed with appellant on a sporting event.

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