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KAARUP v. ST. PAUL FIRE & MARINE INS.

No. 17470.

485 N.W.2d 802 (1992)

Darrell KAARUP and Carol Kaarup, Plaintiffs and Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Home Federal Savings and Loan, a corporation, and Curt Hepner, individually, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 27, 1992.

Attorney(s) appearing for the Case

Michael J. McGill, Beresford, Rick Johnson of Johnson, Eklund and Abourezk, Gregory, for plaintiffs and appellants.

James L. Hoy of Hoy and Hoy, Sioux Falls, for defendant and appellee St. Paul Fire and Marine.

Mark V. Meierhenry of Danforth, Meierhenry and Everist, Sioux Falls, for defendants and appellees Home Federal and Curt Hepner.

KONENKAMP, Circuit Judge.

Darrell and Carol Kaarup (Kaarups) appeal from a grant of summary judgment dismissing their malicious prosecution action. This case arises from a foreclosure suit brought against Kaarups by First Federal Savings and Loan (First Federal), now Home Federal Savings and Loan (Home Federal). We ruled on two prior appeals involving these matters. St. Paul Fire & Marine Ins. v. Kaarup, 420 N.W.2d 364

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