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GOLD PAN PARTNERS, INC. v. MADSEN

No. 17173.

469 N.W.2d 387 (1991)

GOLD PAN PARTNERS, INC., Plaintiff and Appellant, v. Julie K. MADSEN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 1, 1991.

Attorney(s) appearing for the Case

George Bangs, Joseph M. Butler, Patrick Duffy, Bangs, McCullen, Butler Foye & Simmons, Rapid City, for plaintiff and appellant.

George Beal, Beal Law Office, Rapid City, for defendant and appellee.

WUEST, Justice.

Gold Pan Partners, Inc. appeals an order of the circuit court which vacated an order confirming the sale of certain real estate of the estate of Thomas W. Madsen. We affirm.

Thomas W. Madsen died testate on May 14, 1989. He was survived by his wife and three sons from a previous marriage. His wife, Julie Madsen, was appointed executrix of the estate. Included in the assets of the estate was Gold Pan Pizza, a retail pizza parlor business located...

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