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THOMAS v. McNEILL

Nos. 16417, 16431.

448 N.W.2d 231 (1989)

James C. THOMAS, Plaintiff and Appellee, v. Daniel McNEILL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Timothy J. Becker of Banks, Johnson, Johnson, Colbath & Huffman, P.C., Rapid City, for plaintiff and appellee.

Thomas E. Brady of Richards, Hood & Brady, P.C., Spearfish, for defendant and appellant.

MILLER, Circuit Judge.

ACTION

Daniel McNeill (McNeill) appeals from the trial court's grant of summary judgment to James Thomas (Thomas) on his complaint against McNeill for recovery upon a promissory note. McNeill further appeals from the trial court's judgment against him on his counterclaim for reformation of the promissory note. We examine the latter in light of Thomas' request to review the trial court's denial of that portion of his motion for summary...

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