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WEISZHAAR FARMS, INC. v. TOBIN

Nos. 18184, 18241.

522 N.W.2d 484 (1994)

WEISZHAAR FARMS, INC., L.J. Hog Company, Inc., and Leroy Weiszhaar, Plaintiffs and Appellants, v. Tom TOBIN, Attorney at Law, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 21, 1994.

Rehearing Denied October 21, 1994.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, Dougherty & Abourezk Gregory, for plaintiffs and appellants Weiszhaar Farms, L.J. Hog Co., and Leroy Weiszhaar.

James E. McMahon and Michael McKnight of Boyce, Murphy, McDowell & Greenfield Sioux Falls, for defendant and appellant Tom Tobin.

FITZGERALD, Circuit Judge.

Weiszhaar Farms, Inc., L.J. Hog Company, Inc., and Leroy Weiszhaar (collectively Weiszhaar) appeal from an indemnity and legal malpractice action against attorney Tom Tobin of Aberdeen. The matter was tried before the circuit court of Brown County, with the Honorable Patrick J. McKeever presiding. A jury verdict was entered for defendant Tom Tobin (Tobin). Tobin appeals from the trial court's refusal to tax as a disbursement the fee of his...

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