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DEUCHAR v. FOLAND RANCH, INC.

No. 15474.

410 N.W.2d 177 (1987)

James A. DEUCHAR, Plaintiff and Appellant, v. FOLAND RANCH, INC., Defendant and Appellee, and Robert ANDERSON, Defendant and Third-Party Plaintiff, v. Gene DEUCHAR and Dennis Miller, Third-Party Defendants.

Supreme Court of South Dakota.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Thomas C. Barnett, Jr. of Kemnitz & Barnett, Philip, for plaintiff and appellant.

G. Verne Goodsell of Gunderson, Palmer & Goodsell, for defendant and appellee; Daniel E. Ashmore of Gunderson, Palmer & Goodsell, Rapid City, on the brief.

HENDERSON, Justice.

PROCEDURAL HISTORY

This is a civil appeal taken from a summary judgment granted in Haakon County. James A. Deuchar, plaintiff, instituted a suit alleging negligence on the part of Robert Anderson, Gene Deuchar, and Foland Ranch, Inc., defendants. Defendant Foland Ranch was granted summary judgment upon the basis that Anderson, who mistook plaintiff for a wounded deer and shot him, was not acting within the scope of his employment when...

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