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S.D. DEPT. OF HEALTH v. OWEN

Nos. 13809, 14218 and 14223.

350 N.W.2d 48 (1984)

SOUTH DAKOTA DEPARTMENT OF HEALTH, Plaintiff and Appellee, v. James OWEN and Dwight Owen, Defendants, Third Party Plaintiffs & Appellants, v. Tony HEIM, Third Party Defendant.

Supreme Court of South Dakota.

Decided May 29, 1984.

Attorney(s) appearing for the Case

Mark Smith, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Laurence J. Zastrow of Carr, Zastrow & Pluimer, Belle Fourche, for defendants and appellants.

FOSHEIM, Chief Justice.

James and Dwight Owen (appellants) dispute a circuit court decision which ordered destruction of their commercial elk herd. The South Dakota Department of Health (Department) appeals a decision ordering it to compensate the Owens for the destruction. On notice of review, appellants challenge the measure of compensation. We reverse and remand.

In May 1981, appellants' veterinarian examined two dead elk from their commercial herd. As...

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