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MIDCONTINENT BROADCASTING CO. v. AVA CORP.

Nos. 13688, 13813 and 13851.

329 N.W.2d 378 (1983)

MIDCONTINENT BROADCASTING COMPANY, Plaintiff and Appellee, v. AVA CORPORATION, Mall Louise Enterprises, Ltd., PCW, Inc., Clarence Quigley, Emil Walsh, Aaron B. Morse, Arlie J. Brende, Vincent Boldin, Defendants, and Harold Schwartz ( # 13813), Defendant and Appellant, and Edward D. Clapp and Floyd F. Peterson (# 13688 & # 13851), Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 26, 1983.

Attorney(s) appearing for the Case

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee; Danny R. Smeins of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

Gale Fisher, Sioux Falls, for defendant and appellant Schwartz.

William C. Mortensen, Minneapolis, Minn., for defendants and appellants Clapp and Peterson; William M. Dickel, Minneapolis, Minn., and Max A. Gors of Maher & Gors, Pierre, on brief.

HENDERSON, Justice.

PROCEDURAL HISTORY

Appellee Midcontinent Broadcasting Company brought an action against appellants on a promissory note and guaranties. An answer was interposed. Notice of trial was provided to appellants' counsel. New Town Mall Joint Venture, the principal promissor, filed a petition of bankruptcy in Federal Bankruptcy Court. The Bankruptcy Court dismissed the principal promissor and remanded...

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