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WASSERBURGER v. CONSOLIDATED MANAGEMENT

Nos. 17884, 17908.

502 N.W.2d 256 (1993)

Wayne WASSERBURGER, d/b/a Southern Hills Trenching & Construction, Plaintiff and Appellee, v. CONSOLIDATED MANAGEMENT CORPORATION, Defendant, and John T. Hughes, Garnishee and Appellant (# 17884), and Recovery Investment Associates, a Partnership, Intervenor and Appellant (# 17908).

Supreme Court of South Dakota.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Donald R. Shultz and Jay C. Shultz of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for plaintiff and appellee.

Thomas W. Stanton, William A. May, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellant Hughes.

Lester Nies and Gary R. Richards, Richards, Hood, Brady & Nies, Spearfish, for appellant Recovery Inv. Associates.

SABERS, Justice.

The facts and procedural history appear in Wasserburger v. Consolidated Management Corp., 459 N.W.2d 561 (S.D.1990) (Wasserburger I). Additional facts and procedural history appear throughout.

Following this court's reversal in Wasserburger I, a jury found the $350,000.00 on deposit in garnishee John T. Hughes' (Hughes) trust account on May 31, 1989 absolutely and unconditionally the...

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