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KEEGAN v. FIRST BANK OF SIOUX FALLS

No. 18427.

519 N.W.2d 607 (1994)

Julie KEEGAN, Plaintiff, v. FIRST BANK OF SIOUX FALLS, Individually and as Executor of the Estate of C.L. Anderson, Deceased, Defendant. and Gunnar MERTZ, Petitioner and Appellant, v. Robert J. McDOWELL, Defendant and Appellee, and Boyce, Murphy, McDowell & Greenfield, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Richard A. Johnson, Strange, Farrell, Johnson & Casey, Sioux Falls, Michael D. Klampe of Michael Klampe & Associates, Rochester, MN, for appellant.

David R. Gienapp of Arneson, Issenhuth, Gienapp & Blair, Madison, for appellees.

DOBBERPUHL, Circuit Judge.

Gunnar Mertz (Mertz) appeals a summary judgment granted to defendant, Robert J. McDowell (McDowell) and his law firm, third-party defendant, Boyce, Murphy, McDowell & Greenfield (the firm) in a cross-claim action by Mertz against McDowell and a third-party claim against the firm for malpractice and breach of fiduciary duty. We reverse and remand.

PROCEDURAL HISTORY

The lawsuit...

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