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HABERER v. RICE

No. 17154.

476 N.W.2d 276 (1991)

Merle HABERER, Florence Haberer, and Haberer Dairy & Farm Equipment, Inc., Virgil Scherr and Carney Haberer, Plaintiffs and Appellants, v. George J. RICE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 16, 1991.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Abourezk, Gregory, for plaintiffs and appellants.

Rory King and Shelley Wieck of Siegel, Barnett & Schutz, Aberdeen, for defendant and appellee.

TSCHETTER, Circuit Judge.

Merle Haberer, Florence Haberer, and Haberer Dairy and Farm Equipment, Inc., Virgil Scherr, and Carney Haberer (Haberers) brought a legal malpractice action against attorney George Rice (Rice). Haberers' action was dismissed after trial to the court. We reverse and remand for a jury trial.

Haberers originally sued First Bank of South Dakota (NA) Aberdeen, South Dakota, (Bank) and Rice. The circuit court granted summary judgment to...

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