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EASSON v. WAGNER S. D. 349

No. 17920.

501 N.W.2d 348 (1993)

Alexander "Robert" EASSON and Julia C. Easson, Plaintiffs and Appellants, v. William L. WAGNER, Individually and d/b/a Wagner Mining, Defendant, and Myron D. Eggers and Joan C. Eggers, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Scott D. McGregor of Viken, Viken, Pechota, Leach & Dewell, Rapid City, for plaintiffs and appellants.

Todd D. Hauge of Bakewell, Hauge & Vander Heide, Custer, for defendants and appellees.

AMUNDSON, Justice.

Alexander and Julia Easson (Eassons) appeal from an order granting summary judgment to Myron D. and Joan C. Eggers (Eggers). We reverse and remand.

FACTS

In December 1987, Eassons moved to Custer, South Dakota, from Massachusetts. They subsequently purchased a homesite, Lot 10, in the residential subdivision of Woodford Estates in January, 1988. Eassons' lot is situated next to an old mine property known as Eggers' Mine or Ballard...

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