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MUSHITZ v. FIRST BANK OF SOUTH DAKOTA

No. 16807.

457 N.W.2d 849 (1990)

Ed MUSHITZ, a/k/a Edwin T. Mushitz, and Mary Mushitz, a/k/a Mrs. Ed Mushitz, and Mary A. Mushitz, Riverview Ranch Living Trust, Patrick Mushitz, and Thomas Mushitz, Plaintiffs/Appellants, v. FIRST BANK OF SOUTH DAKOTA, N.A., a South Dakota Banking Corporation, Defendant/Appellant.

Supreme Court of South Dakota.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Andrew B. Reid, Hot Springs, for plaintiffs/appellants.

F.M. Smith, Sioux Falls, for defendant/appellee.

WUEST, Chief Justice.

Ed Mushitz (Ed), and others, appeal from a circuit court order granting summary judgment to First Bank of South Dakota (Bank). We affirm in part and reverse and remand in part.

Ed and Mary Mushitz operate a 6,000 acre ranch and farm near New Underwood, South Dakota. The two purchased the ranch in 1969 and shortly thereafter Ed began to negotiate loans with Bank, the proceeds of which were used essentially to purchase livestock and farm...

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