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FEDERAL LAND BANK OF OMAHA v. CARLSON

No. 15450.

422 N.W.2d 99 (1988)

The FEDERAL LAND BANK OF OMAHA, Plaintiff and Appellee, v. L. Melfred CARLSON and Kay E. Carlson, Defendants, and Agnes M. Carlson, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 13, 1988.

Attorney(s) appearing for the Case

Kenneth L. Heisterkamp of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for plaintiff and appellee.

Keith R. Smit of Morman, Smit, Shepard & Hughes, Sturgis, for defendant and appellant.

MILLER, Justice.

This case is before us on rehearing. For a recitation of the facts see our former holding at 411 N.W.2d 415 (S.D.1987). After granting rehearing we received additional briefs and heard oral argument. Based on all the authority previously cited, we continue to be persuaded that the trial court erred in the entry of its summary judgment of foreclosure and we therefore renew our reversal.

As we previously noted...

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