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SELCHERT v. LIEN

No. 14727.

371 N.W.2d 791 (1985)

Kathleen L. SELCHERT, individually and as administratrix of the estate of Virgil J. Selchert, deceased, Plaintiff and Appellant, v. Steven E. LIEN and Birch-Miller Post No. 9 American Legion Department of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 24, 1985.

Attorney(s) appearing for the Case

Ronald K. Roehr, Milbank, for plaintiff and appellant.

W.A. Hackett of Austin, Hinderaker, Hackett & Hopper, Watertown, and William E. Coester, Milbank, for defendants and appellees.

FOSHEIM, Chief Justice.

Kathleen Selchert (Selchert), individually and as administratrix of the estate of her deceased husband, Virgil Selchert (decedent), appeals from an Order dismissing her complaint against Birch-Miller Post No. 9 American Legion Department of South Dakota (licensee) and Steven Lien (Lien), the licensee's employee. We reverse and remand.

For the purposes of deciding a motion to dismiss, the court must treat as true all facts properly pleaded...

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