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BYRE v. CITY OF CHAMBERLAIN

No. 14090.

362 N.W.2d 69 (1985)

Martin T. BYRE, Plaintiff and Appellee, v. CITY OF CHAMBERLAIN, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 16, 1985.

Attorney(s) appearing for the Case

Paul Mueller, Chamberlain, for plaintiff and appellee; Philip Stoeckle, Chamberlain, on brief.

Ronald K. Miller of Miller, Miller & Sebastian, Kimball, for defendant and appellant; Steven J. Bucher of Miller, Miller & Sebastian, Kimball, on brief.

MORGAN, Justice.

The complaint in this action was amended and the only count which survived at the conclusion of the trial alleged a violation of SDCL ch. 37-1, South Dakota's antitrust law. The jury awarded the plaintiff, Martin Byre (Byre), $40,500 in actual damages and under SDCL ch. 37-1 they trebled that amount. The trial judge signed a judgment against the city of Chamberlain, South Dakota (City), which awarded Byre $121,500. City appeals under SDCL 15-26A-3...

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