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  5. 424 N.W.2d 915 (1988)
 

BLUE FOX BAR, INC. v. CITY OF YANKTON

Nos. 15721, 15739.

424 N.W.2d 915 (1988)

BLUE FOX BAR, INC., Plaintiff and Appellant, v. CITY OF YANKTON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Jerry L. Pollard of Light Law Offices, Yankton, for plaintiff and appellant.

Steven M. Johnson of Brady, Kabeiseman, Reade & Johnson, Yankton, for defendant and appellee.

GERKEN, Circuit Judge.

Blue Fox Bar, Inc. (Blue Fox) appeals from the trial court's judgment for the City of Yankton and from the court's denial of Blue Fox's motion for a new trial. The City of Yankton has filed a notice of review from the trial court's order denying the city's motion for summary judgment. We affirm.

FACTS

In 1967, City of Yankton, pursuant to its plans and specifications, had a lift station designed and constructed on the east...

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