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MORGAN v. BALDWIN

No. 16561.

450 N.W.2d 783 (1990)

John W. MORGAN and Diane C. Morgan, Plaintiffs and Appellants, v. Gerald M. BALDWIN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 24, 1990.

Rehearing Denied March 2, 1990.

Attorney(s) appearing for the Case

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

Ed Carpenter, Rapid City, for defendant and appellee.

HERTZ, Circuit Judge.

The trial court found that appellants' John W. Morgan and Diane C. Morgan (Morgans) claim against appellee, Gerald M. Baldwin (Baldwin) was essentially a claim for attorney malpractice rather than a contract claim. The trial court applied the three year statute of limitations, SDCL 15-2-14.2, rather than the six year limitation prescribed for contract actions, SDCL 15-2-13(1), and granted Baldwin summary

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