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HEER v. STATE

Nos. 15791, 15795.

432 N.W.2d 559 (1988)

Wilma HEER, Leonard Heer, and Flynn Heer, Plaintiffs-Appellants and Cross-Appellees, v. STATE of South Dakota, Defendant-Appellee and Cross-Appellant.

Supreme Court of South Dakota.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Ellsworth E. Evans and Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs-appellants and cross-appellees; Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

William P. Fuller of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant-appellee and cross-appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY

Plaintiffs Leonard Heer, Wilma Heer, and Flynn Heer (Plaintiffs) filed a complaint in the circuit court for Hutchinson County seeking compensation from the State of South Dakota (State)1 for flood damage to their personal and real property, lost profits on drowned hogs, and crop losses allegedly caused by the State's negligence in maintaining...

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