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HAUFLE v. SVOBODA

No. 15616.

416 N.W.2d 879 (1987)

Ronald HAUFLE and Marjorie Haufle, Plaintiffs and Appellants, v. Brock SVOBODA, Defendant. and CLARK RURAL WATER SYSTEM, Defendant, Third-Party Plaintiff, and Appellee, v. LARSON TANK COMPANY, Third-Party Defendant.

Supreme Court of South Dakota.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Jack Neveaux of Randall, Parmater & Neveaux, Ltd., Wayzata, Minn., for plaintiffs and appellants; Robert K. Randall of Randall, Parmater & Neveaux, Ltd., Wayzata, Minn., and John L. Foley of Foley & Neill, Watertown, on brief.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, for defendant, third-party plaintiff, and appellee.

HENDERSON, Justice.

Plaintiffs Ronnie and Marjorie Haufle appeal from summary judgment in favor of Clark Rural Water System (Clark).

Clark is a corporation created to furnish water services in Clark County, South Dakota. Clark retained Universal Tank and Iron Works, Inc., to build a water tower, on land owned by Clark, near Henry, South Dakota. After construction, painting of the structure was subcontracted to Larson...

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