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FIRST W. BANK, STURGIS v. LIVESTOCK YARDS

No. 17134.

466 N.W.2d 853 (1991)

FIRST WESTERN BANK, STURGIS, a South Dakota banking corporation, Plaintiff and Appellant, v. LIVESTOCK YARDS COMPANY, a limited partnership, Livestock Yards Co., a South Dakota corporation and the Bank of Belle Fourche, a South Dakota banking corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 6, 1991.

Attorney(s) appearing for the Case

Keith R. Smit of Morman, Smit, Hughes, Strain, Molstad & Haivala, Sturgis, for plaintiff and appellant (Michael W. Strain of Morman, Smit, Hughes, Strain, Molstad & Haivala, on brief).

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

HERTZ, Acting Justice.

First Western Bank, Sturgis (Bank), appeals from a judgment entered pursuant to a jury verdict in favor of Livestock Yards Company (Partnership) on Bank's foreclosure action. Bank contends that Partnership was not entitled to a jury trial, that Partnership's agent had authority to undertake the loan at issue as a matter of law, and that the trial court erred in instructing the jury. We affirm.

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