ROSEBUD SIOUX TRIBE v. STRAIN

No. 15929.

432 N.W.2d 259 (1988)

ROSEBUD SIOUX TRIBE, Plaintiff and Appellee, v. Michael STRAIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 23, 1988.

Rehearing Denied December 29, 1988.


Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, J.M. Grossenburg of Day & Grossenburg, Winner, for plaintiff and appellee.

Ronald E. Clabaugh of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.


DOBBERPUHL, Circuit Judge.

Michael Strain (Strain) appeals from a judgment impressing a constructive trust upon funds he received while acting as attorney for the Rosebud Sioux Tribe (Rosebud) and the Tribal Land Enterprise (TLE). We affirm.

PROCEDURAL HISTORY

On November 19, 1981, Rosebud filed its complaint against Strain. In its complaint, Rosebud sought damages of $1,500,000 for legal malpractice, treble damages pursuant to SDCL 16-18-28 and...

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