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DAHL v. SITTNER

No. 17004.

474 N.W.2d 897 (1991)

Dewey DAHL and Lavonne Dahl, Plaintiffs and Appellants, v. Peter SITTNER and Sittner Real Estate, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 28, 1991.

Attorney(s) appearing for the Case

Patrick M. Ginsbach, Farrell, Farrell & Ginsbach, Hot Springs, Rodney C. Lefholz, Rapid City, for plaintiffs and appellants.

Dale Morman, Morman, Smit, Shepard and Hughes, Sturgis, Jack Von Wald, Selby, for defendants and appellees.

HENDERSON, Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

Dewey Dahl (Dewey) and Lavonne Dahl (collectively referred to as Dahls) appeal from a pretrial order striking from their complaint a claim for punitive damages against Peter Sittner and Sittner Real Estate, Inc., (collectively referred to as Sittner). In October 1985, Dahls brought an action for consequential and punitive damages against Sittner alleging, in one count, fraud and misrepresentation...

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