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LAMP v. FIRST NAT. BANK OF GARRETSON

No. 17693.

496 N.W.2d 581 (1993)

Marjorie LAMP, Administratrix With Will Annexed of the Estate of Louise Edmundson, Deceased, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF GARRETSON, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned October 19, 1992.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Jerome B. Lammers, Lammers, Lammers, Kleibacker & Parent, Madison, for plaintiff and appellant.

Robert E. Hayes, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.

SABERS, Justice (On reassignment).

Marjorie Lamp (Lamp) appeals from summary judgment in favor of First National Bank of Garretson (Bank). We reverse and remand for trial.

FACTS

Lamp is the administratrix of the estate of her mother, Louise Edmundson (Edmundson). Edmundson was residing in a nursing home in Garretson, South Dakota, at all times relevant to this appeal. Edmundson maintained a checking account at Bank, and her daughter, Carol Braa ...

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