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  5. 452 N.W.2d 104 (1990)
 

TRI-STATE REFINING v. APALOOSA CO.

No. 16628.

452 N.W.2d 104 (1990)

TRI-STATE REFINING AND INVESTMENT COMPANY, INC., Plaintiff and Appellee, v. APALOOSA COMPANY, a South Dakota Business Trust; Sioux Enterprises-Lorentz Opdahl; and Lorentz Opdahl, an Individual Person, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Richard J. Helsper of Erickson, Helsper & O'Brien, Brookings, for plaintiff and appellee.

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

MORGAN, Justice.

This joint appeal stems from the litigation as reported in Tri-State Refining v. Apaloosa Company, 431 N.W.2d 311 (S.D. 1988) (Tri-State I), which decision is referred to for some of the background of this appeal. Apaloosa Company, a South Dakota Business Trust; Sioux Enterprises-Lorentz Opdahl; and Lorentz Opdahl (collectively referred to as Opdahl unless otherwise noted) are appellants and Tri-State...

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