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  5. 435 N.W.2d 211 (1989)
 

HOFFMAN v. LOUIS DREYFUS CORP.

Nos. 15828, 15839.

435 N.W.2d 211 (1989)

Jim HOFFMAN, d/b/a Hoffman Trucking, Leonard Hunsley and Duane Hunsley, d/b/a Hunsley Trucking, George Kimbley and Morris Irrigation, Inc., Plaintiffs and Appellees, v. The LOUIS DREYFUS CORPORATION and Roger Koch, Defendants and Appellants, and Roger Petersen, d/b/a R & R Livestock, Clyde Keough, d/b/a Lewis Special, and Bud Smith, Defendants.

Supreme Court of South Dakota.

Decided January 18, 1989.

Attorney(s) appearing for the Case

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

William J. Srstka of Olinger, Srstka, Lovald & Robbennolt, Pierre, defendants and appellants; Lee C. (Kit) McCahren, on the brief.

MORGAN, Justice.

This appeal lies from the consolidated trial of two lawsuits. The first, a declaratory judgment action, was commenced by Louis Dreyfus Corporation (Dreyfus) against James Hoffman d/b/a Hoffman Trucking (Hoffman), and Clyde Keough (Keough) and Willard Smith (Smith) d/b/a Lewis Special. The second was commenced by the aforementioned Hoffman, Leonard and Duane Hunsley d/b/a Hunsley Trucking (Hunsley), George Kimbley (Kimbley)

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