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AINSWORTH v. FIRST BANK OF SOUTH DAKOTA

No. 15648.

420 N.W.2d 32 (1988)

Lincoln AINSWORTH and Elaine Ainsworth, Plaintiffs and Appellants, v. FIRST BANK OF SOUTH DAKOTA, Defendant and Appellee, and Larry Byrne and Bruce Walker, Defendants.

Supreme Court of South Dakota.

Decided March 2, 1988.

Rehearing Denied April 12, 1988.

Attorney(s) appearing for the Case

Terry L. Pechota of Finch and Viken, Rapid City, for plaintiffs and appellants.

Keith Smit of Morman, Smit, Shepard, Hughes & Wolsky, Sturgis, for defendant and appellee First Bank of South Dakota.

MILLER, Justice (on reassignment).

This is an appeal from the dismissal of a party on the grounds of failure to assert a compulsory counterclaim in a prior action. We reverse.

FACTS

Appellant Lincoln Ainsworth (Ainsworth) and his wife Elaine, commenced this action seeking damages against First Bank of South Dakota (Bank), Bruce Walker (Walker) an officer of Bank, and Larry Byrne (Byrne). The circuit court dismissed the claim against Bank and this...

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