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FIRST NAT. BANK OF VOLGA v. KLEINJAN

No. 15718.

418 N.W.2d 327 (1988)

FIRST NATIONAL BANK OF VOLGA, Plaintiff and Appellee, v. Wilbur D. KLEINJAN, Adriana Kleinjan, Willis Kleinjan, Joslyn Kleinjan, United States of America acting through the United States Dept. of Agriculture Farmers Home Administration, and Brookings County, Defendants. and Gary Kleinjan, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 20, 1988.

Attorney(s) appearing for the Case

Michael B. Crew of Crew & Crew, Sioux Falls, for plaintiff and appellee.

Wilson Kleibacker of Lammers, Lammers, Kleibacker & Casey, Madison, for defendant and appellant.

SABERS, Justice.

The trial court made a proper SDCL 15-6-54(b) determination after granting summary judgment to the Bank against Gary Kleinjan and others. See companion case 418 N.W.2d 326. Although we can decline the appeal on our own motion, we see no appropriate reason for doing so. Ochs v. Northwestern Nat'l Life Ins. Co., 254 N.W.2d 163, 166 (S.D.1977).

Gary's parents...

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