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FIRST NAT. BANK OF MINNEAPOLIS v. KEHN RANCH

Nos. 15041-15043.

394 N.W.2d 709 (1986)

FIRST NATIONAL BANK OF MINNEAPOLIS, Plaintiff and Appellant, v. KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn, and Collateral Control Corporation, a Delaware Corporation, Defendants, and Touche Ross & Co., a partnership, Defendant and Appellee, and KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn, and Collateral Control Corporation, a Delaware Corporation, Third-Party Plaintiffs, v. MILBANK MUTUAL INSURANCE COMPANY, a South Dakota Insurance Company, Third-Party Defendants. FIRST NATIONAL BANK OF MINNEAPOLIS, Plaintiff and Appellee, v. KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn, and Collateral Control Corporation, a Delaware Corporation, Defendants and Appellants, and Touche Ross & Co., a partnership, Defendant, and KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn, and Collateral Control Corporation, a Delaware Corporation, Third-Party Plaintiffs and Appellants, v. MILBANK MUTUAL INSURANCE COMPANY, a South Dakota Insurance Company, Third-Party Defendants and Appellee. FIRST NATIONAL BANK OF MINNEAPOLIS, Plaintiff and Appellee, v. KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn and Collateral Control Corporation, a Delaware Corporation, Defendants, and Touche Ross & Co., a partnership, Defendants, and KEHN RANCH, INC., Ed Kehn, Maxine Kehn (deceased), Clark Kehn, Bonnie L. Kehn, and Collateral Control Corporation, a Delaware Corporation, Third-Party Plaintiffs and Appellants. v. MILBANK MUTUAL INSURANCE COMPANY, a South Dakota Insurance Company, Third-Party Defendants and Appellee.

Supreme Court of South Dakota.

Rehearing Denied November 6, 1986.

Attorney(s) appearing for the Case

Edward M. Glennon, Richard Ihrig, and Laurence R. Waldoch of Lindquist & Vennum, Minneapolis, Minn., for First Nat. Bank of Minneapolis; Robert C. Riter of Riter, Mayer, Hofer & Riter, Pierre, on the brief.

Kehn Ranch, Inc., Ed Kehn, Bonnie L. Kehn, and Clark Kehn, pro se.

Craig W. Gagnon, Darwin J. Lookingbill and Michael J. Bleck of Oppenheimer, Wolff, Foster, Shepard & Donnelly, Minneapolis, Minn., and Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, for Touche Ross & Co.

Joe A. Walters, David Kantor, Donald S. Arbour, Robert A. Brunig and Margaret Van Volkenburg of O'Connor & Hannan, Minneapolis, Minn., and James P. Hurley and Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for Collateral Control Corp.

Lawrence T. Hoffman, Richard B. Allyn and Sandra L. Wallace of Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., and Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for Milbank Ins. Co.

FOSHEIM, Justice.

Appeals # 15041, # 15042, and # 15043 raise issues which stem from a common factual setting and were litigated in a single trial. # 15041 is the appeal of First National Bank of Minneapolis (Bank) from a dismissal of its suit against Touche Ross and Company (Touche Ross). # 15042 is the appeal of Kehn Ranch, Inc. (Kehn Ranch or the Ranch) and members of the Kehn family from judgments based on the jury verdicts in favor of Bank and Milbank Mutual...

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