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LARKIN v. ROE

No. 16384.

443 N.W.2d 12 (1989)

Charles A. LARKIN, II, and Charles A. Larkin, III, Trustees of the Larkin Potato Company, Inc., Charles A. Larkin, III, personally, Plaintiffs and Appellants, v. Joe ROE and Jim Arthur, d/b/a Cobb Creek Farms, Terry C. Frost and Cobb Creek Farming Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 19, 1989.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Davis, Gregory, for plaintiffs and appellants.

Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellees.

YOUNG, Circuit Judge.

Plaintiffs appeal from a directed verdict entered in favor of defendant Terry C. Frost (Frost) dismissing him in his individual capacity from the action. We affirm.

FACTS

Plaintiffs Charles A. Larkin, II, and Charles A. Larkin, III, are in the business of raising potatoes. The junior Larkin is presently president of Larkin Potato Company, Inc. The partnership of Cobb Creek Farms was...

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