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AMERICAN TOTALISATOR v. RACING CLUB

No. 17913.

501 N.W.2d 374 (1993)

AMERICAN TOTALISATOR COMPANY, INC. and General Instrument Corporation, Plaintiffs and Appellees, v. SOUTHERN DAKOTA RACING CLUB, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 9, 1993.

Rehearing Denied July 15, 1993.

Attorney(s) appearing for the Case

Rick W. Orr and Catherine A. Tanck of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and appellees.

Jeremiah D. Murphy, Michael S. McKnight and Kristine L. Kreiter, Legal Intern of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and appellant.

MARTIN, Circuit Judge.

This is an appeal from a trial court judgment finding in favor of plaintiffs regarding an alleged breach of contract between the parties. In determining the alleged breach the trial court was asked to determine whether certain taxes assessed by the Department of Revenue of the State of South Dakota were in fact actually owed to the State of South Dakota. We reverse and remand to the circuit court with directions.

FACTS

Defendant...

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