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FIRST WESTERN BANK v. LIVESTOCK YARDS

No. 16509.

444 N.W.2d 387 (1989)

FIRST WESTERN BANK, STURGIS, Plaintiff and Appellee, v. LIVESTOCK YARDS COMPANY, a limited partnership, Defendant and Appellant, and Bank of Belle Fourche, Belle Fourche, South Dakota, a South Dakota banking corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Keith R. Smit of Morman Law Firm, Sturgis, for plaintiff and appellee, First Western Bank.

Harlan A. Schmidt, Spearfish, for defendant and appellant, Livestock Yards Co.

Max S. Main of Bennett & Main, Belle Fourche, for defendant and appellee, Bank of Belle Fourche.

MORGAN, Justice.

Livestock Yards Co. (Partnership) appeals from an order granting summary judgment in favor of First Western Bank (Bank) in its cause of action for reformation and foreclosure of a mortgage and dismissing Partnership's counterclaim for negligence. We reverse.

Madden's Livestock Market, Inc. (Corporation) originally owned and operated a sales barn at St. Onge, South Dakota, since 1961. Michael Madden (Madden) took over the operation in 1977...

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