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EWALT v. MEREEN-JOHNSON MACH. CO.

Nos. 15497, 15567.

414 N.W.2d 28 (1987)

Pat and Yvonne EWALT, Plaintiffs and Appellees, v. MEREEN-JOHNSON MACHINE COMPANY, a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 14, 1987.

Attorney(s) appearing for the Case

Lee Schoenbeck, Webster, for plaintiffs and appellees.

Leon J. Vander Linden, Webster, for defendant and appellant.

PER CURIAM.

Defendant Mereen-Johnson Machine Co. (Employer) appeals from a summary judgment granted to plaintiffs Pat and Yvonne Ewalt in this breach of contract case. Ewalts have filed a notice of review on the issue of attorney fees. We affirm in part, reverse in part, and remand.

FACTS

Employer is a Minnesota corporation which operates a foundry and machine shop in Webster, South Dakota. Employer has a self-funded employee benefit plan which provides...

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