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HABERER v. FIRST BANK OF SOUTH DAKOTA

No. 15918.

429 N.W.2d 62 (1988)

Merle HABERER, Florence Haberer, and Haberer Dairy & Farm Equipment, Inc., Plaintiffs and Appellants, v. FIRST BANK OF SOUTH DAKOTA (NA), Aberdeen, South Dakota, Defendant and Appellee, and George J. Rice, Defendant.

Supreme Court of South Dakota.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Davis, Gregory, Paul Riley of Aberdeen, for plaintiffs and appellants.

Carlyle E. Richards of Ronayne & Richards, Aberdeen, Francis Smith of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee First Bank of South Dakota.

JOHNSON, Circuit Judge.

This is an appeal from an order granting summary judgment for the appellee, First Bank of South Dakota, on the grounds that appellants, Merle Haberer and Florence Haberer (Haberers), failed to raise a compulsory counterclaim in a prior action. We affirm.

FACTS

Haberers were the principal owners of Haberer Dairy & Farm Equipment, Inc. Haberers were in the business of marketing milk bulk tanks which Merle Haberer had invented...

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