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SHEEHAN v. MORRIS IRR.

No. 15550.

410 N.W.2d 569 (1987)

Harvey D. SHEEHAN and Andrea L. Sheehan, as Trustees (Debtors-in-Possession) of the Chapter 11 Estate of Harvey D. Sheehan and Andrea L. Sheehan, d/b/a J.E.S. Farms, Plaintiffs-Appellants, v. MORRIS IRRIGATION; Johnson Brothers Company, Defendants, and United Pacific Insurance Co., Defendant-Appellee.

Supreme Court of South Dakota.

Decided August 12, 1987.

Rehearing Denied September 16, 1987.

Attorney(s) appearing for the Case

Mark F. Marshall, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs-appellants.

Patrick J. O'Connor, Jr., of Hart, Bruner, O'Brien & Thorton, Minneapolis, Minn., and Gary F. Colwill, of Schmidt, Schroyer, Colwill & Barnett, Pierre, for defendant-appellee.

Gary Monserud, of Banks & Johnson, and William G. Porter, of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant Morris Irrigation.

Merlin O. Baker, of Ray, Quinney & Nebeker, Salt Lake City, Utah, and Terence O'Keefe, of Siegel, Barnett & Schutz, Aberdeen, for defendant Johnson Brothers Co.

DOBBERPUHL, Circuit Judge.

PROCEDURAL STATEMENT

Plaintiffs Harvey and Andrea Sheehan (Sheehan) appeal from an order dismissing defendant United Pacific Insurance Company (United Pacific).

FACTS

In 1979, Harvey Sheehan joined with Fred Schafer (Schafer) in a plan to irrigate approximately 12,000 acres of land in Sully and Hughes Counties, South Dakota. They contracted with defendants Morris Irrigation...

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