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NORWEST BANK BLACK HILLS v. CREDIT UNION

No. 16007.

433 N.W.2d 560 (1988)

NORWEST BANK BLACK HILLS, N.A., Plaintiff and Appellant, v. RAPID CITY TEACHERS FEDERAL CREDIT UNION (NO. 4122), Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned October 14, 1988.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellant.

Lonnie R. Braun of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant and appellee.

MILLER, Justice (on reassignment).

In this appeal we hold that the trial court erred in granting a motion to dismiss for failure to state a claim and in converting a motion to dismiss into a motion for summary judgment.

FACTS AND PROCEDURAL HISTORY

Because of the nature of this holding, a detailed recitation of the facts is not necessary. Generally stated, Norwest Bank (Norwest) commenced an action against the Rapid City Teachers Federal Credit Union...

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