KELEHER v. TECHNICOLOR GOVERNMENT SERVICES, INC.

No. 86-5472.

829 F.2d 691 (1987)

Diana KELEHER, Appellant, v. TECHNICOLOR GOVERNMENT SERVICES, INC., A Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1987.

Reconsideration Denied October 19, 1987.


Attorney(s) appearing for the Case

John M. Gridley, III, Sioux Falls, S.D., for appellant.

Catherine V. Piersol, Sioux Falls, S.D., for appellee.

Before HEANEY, BOWMAN and WOLLMAN, Circuit Judges.


HEANEY, Circuit Judge.

This case raises the question whether proceeds from the sale of a home are exempt from claims of creditors under the South Dakota homestead exemption, S.D. Codified Laws § 43-45-3(2), when those proceeds are commingled with non-exempt monies in a savings account. We reverse the district court and hold that such proceeds do not lose their exempt status simply because they are commingled with non-exempt monies.

On April 11, 1986,...

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