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MOELLER v. STATE

No. 17228.

474 N.W.2d 728 (1991)

Leslie MOELLER, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Dennis H. Hill of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for petitioner and appellant.

Sheri Sundem Wald, Asst. Atty. Gen. (Roger A. Tellinghuisen, Atty. Gen., on brief), Pierre, for respondent and appellee.

WUEST, Justice (on reassignment).

Leslie Moeller (Moeller) appeals the decision of the Commissioner of Claims (Commissioner) granting summary judgment on his claim for money damages against the State of South Dakota (State) under the State's claim procedure. SDCL ch. 21-32. The Commissioner granted summary judgment ruling Moeller's claim was barred by SDCL 21-32-2, the applicable statute of limitations. We reverse.

FACTS

Moeller was born on September...

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