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CROES FAMILY TR. v. SMALL BUSINESS ADMIN.

No. 16146.

446 N.W.2d 55 (1989)

S.W. CROES FAMILY TRUST Successor in Interest to S.W. Croes, a/k/a Shirley Croes, a/k/a Shirley W. Croes, Plaintiffs, v. SMALL BUSINESS ADMINISTRATION, Bank of Belle Fourche, Spearfish Branch and Norwest Bank South Dakota, Defendants. Roger K. ALLAN and Nance Allan, Defendants/Appellants, v. Carl J. SHEESLEY, Gregory C. Sheesley and Hans J. Pfeiffer, Defendants/Appellees.

Supreme Court of South Dakota.

Reassigned May 18, 1989.

Decided September 20, 1989.

Attorney(s) appearing for the Case

A.P. Fuller of Fuller & Co., Lead (Brad P. Gordon of Fuller & Co. Lead, on the brief), for defendants-appellants.

Thomas C. Brady of Richards, Hood & Brady, Spearfish, for defendants-appellees.

MILLER, Justice (on reassignment).

This appeal concerns procedural issues arising in an action commenced upon the default in a contract for the sale of a motel. In affirming the trial court we hold that it did not commit reversible error in (1) dismissing appellants' cross-claim grounded in fraud and deceit, (2) denying appellants' motion to amend their cross-claim, and (3) granting summary judgment in favor of appellees on their cross-claim.

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