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JOHNSON v. KOLMAN

No. 15388.

412 N.W.2d 109 (1987)

Lester H. JOHNSON, Plaintiff and Appellant. v. KOLMAN, A DIVISION OF ATHEY PRODUCTS CORPORATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Scott G. Hoy, of Swanson, Carlsen, Carter Hoy & Anderson, Sioux Falls, for plaintiff and appellant.

John E. Burke, Sioux Falls, for defendant and appellee.

SABERS, Justice.

Lester H. Johnson (Johnson) appeals from a summary judgment dismissing his complaint for wrongful termination, breach of employment and severance contracts, fraud and breach of fiduciary duty against Kolman. We reverse and remand.

FACTS

Kolman, a division of Athey Products Corporation (Athey), is a manufacturer of various types of heavy equipment. Most of Kolman's sales involve bids to customers, with the lowest bidder normally receiving...

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