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EBY v. MISAR

No. 14210.

345 N.W.2d 381 (1984)

Thomas EBY, Plaintiff and Appellee, v. Emil J. MISAR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Douglas G. Fosheim of Benson, Wehde, Fosheim & Haberstick, Huron, for plaintiff and appellee.

Ronald K. Miller of Miller, Miller & Sebastian, Kimball, for defendant and appellant.

DOBBERPUHL, Circuit Judge.

On or about August 6, 1979, Emil J. Misar (appellant) and Thomas Eby (appellee) were involved in an automobile accident just south of Huron, South Dakota. Appellee subsequently filed suit on October 12, 1979, in small claims court for Beadle County, South Dakota, claiming damages totaling $551.55 from the collision. On November 9, 1979, appellant served his answer and counterclaim upon appellee...

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