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SUBSURFCO, INC. v. B-Y WATER DIST.

No. 14744.

369 N.W.2d 129 (1985)

SUBSURFCO, INC., Plaintiff, Defendant on counterclaim of B-Y Water District, and Appellee, v. B-Y WATER DISTRICT, Defendant, Counterclaimant, Cross-Claimant, and Appellant, v. SEABOARD SURETY COMPANY, Defendant on Cross-Claim of B-Y Water District and Appellee.

Supreme Court of South Dakota.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Woods, Fuller, Schultz & Smith, P.C., and F.M. Smith, Sioux Falls, for appellee Subsurfco, Inc.

Thomas E. Alberts, Avon, for appellant B-Y Water Dist.

KEAN, Circuit Judge.

This is an appeal from an order denying a motion for prejudgment interest after B-Y Water District (appellant) received a jury verdict of $2,714,157.24 on its counterclaim and cross-claim. We affirm the order.

This is the second appeal involving these litigants. Previously, this court set aside a jury verdict in favor of appellant and remanded the proceedings for a new trial particularly upon the issue of damages. The background facts...

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