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FARMERS STATE BANK OF WINNER v. WESTRUM

No. 14021.

341 N.W.2d 631 (1983)

FARMERS STATE BANK OF WINNER, South Dakota, as Executor of the Estate of W.W. Kositzky, Deceased, and Astrid Kositzky, Plaintiffs and Appellees, v. Robert WESTRUM, Dorothy Westrum, Barbara Westrum, and Martha Griesbach, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 21, 1983.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, for plaintiffs and appellees.

Michael "Mick" Strain, White River and Dallas E. Brost of Brost & Brost, Presho, for defendants and appellants.

HENDERSON, Justice.

PROCEDURAL HISTORY

Appellees, the widow of W.W. Kositzky and the executor of his estate, filed a complaint on September 14, 1981, against appellants seeking to determine ownership of a bank account and reimbursement for tractor repair, grain storage, and travel expenses. A jury trial ensued on September 13, 1982, wherein appellants unsuccessfully moved for a directed verdict on the bank account...

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