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BALDWIN v. FIRST NAT. BANK OF BLACK HILLS

Nos. 14338, 14383.

362 N.W.2d 85 (1985)

Howard BALDWIN, Defendant and Appellant, v. FIRST NATIONAL BANK OF the BLACK HILLS, Plaintiff and Appellee.

Supreme Court of South Dakota.

Decided January 30, 1985.

Rehearing Denied March 12, 1985.

Attorney(s) appearing for the Case

Ralph C. Hoggatt, Deadwood, for defendant and appellant.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellee; Joseph M. Butler, James P. Hurley, and Jacqueline M. Rasmussen of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on the brief.

FOSHEIM, Chief Justice.

Howard Baldwin (Baldwin) appeals from an order granting First National Bank of the Black Hills, now Norwest (Bank), pretrial possession of certain equipment and from a directed verdict granted Bank. Bank filed a Notice of Appeal. We affirm in part, reverse in part, and remand.

Baldwin was an independent contractor who erected power lines for rural utility companies. He started negotiating...

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