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BUHL v. BAK

No. 15113.

400 N.W.2d 903 (1987)

Harvey BUHL, G.R. Anderson, and Thomas M. Maher, individually and doing business as BAM, a partnership, Plaintiffs and Appellees, v. Robert BAK, Doing Business as Bak Construction, Defendant, and John Bothwell, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 18, 1987.

Rehearing Denied March 30, 1987.

Attorney(s) appearing for the Case

Patricia A. Meyers of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellant Bothwell.

Charles Poches, Jr. of Poches & Lee, Fort Pierre, for plaintiffs and appellees.

FOSHEIM, Retired Justice.

A partnership known as BAM (plaintiffs) brought this action for a declaratory judgment to determine their ownership rights to minerals, gravel, and sand on a twenty-acre piece of property in Hughes County known as Outlot H-3. Plaintiffs also sought injunctive relief to prevent the defendants from removing any sand, gravel or minerals from the property. After a trial to the court, the court declared that plaintiffs were the owners of all minerals...

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