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TRI-STATE REFINING v. APALOOSA COMPANY

No. 15953.

431 N.W.2d 311 (1988)

TRI-STATE REFINING AND INVESTMENT COMPANY, INC., Plaintiff and Appellee, v. APALOOSA COMPANY, Sioux Enterprises—Lorentz Opdahl, and Lorentz Opdahl, an Individual Person, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen & Wilka, P.C., Sioux Falls, for defendants and appellants; Rick Johnson of Johnson, Eklund & Davis, Gregory, on brief.

Richard J. Helsper of Erickson & Helsper, P.C., Brookings, and Stephen M. Palmer, Sioux Falls, for plaintiff and appellee.

SABERS, Justice.

Lorentz Opdahl (Opdahl) appeals a damage award for fraud and breach of a lease contract, and sanctions imposed upon him pursuant to SDCL 15-6-11.

Facts

In 1973, Robert Hoff (Hoff) married Linda Opdahl (Linda) and began working with Linda's father, Opdahl, at Sioux Fertilizer Company in Hawarden, Iowa. That same year Opdahl started a small business extracting silver from X-ray and other film products (Tri-State). The business...

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