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WEBER v. FIRST FEDERAL BANK

No. 18569.

523 N.W.2d 720 (1994)

James F. WEBER, Plaintiff and Appellant, v. FIRST FEDERAL BANK, A Federal Savings Bank of Beresford, South Dakota, and Its Directors Dean Lindstrom, Olga Carlson and C. Wayne Erickson, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned September 2, 1994.

Decided November 9, 1994.

Attorney(s) appearing for the Case

Rick Johnson, Johnson, Eklund, Nicholson, Dougherty and Abourezk, Gregory, and Thomas J. Nicholson, Johnson, Eklund, Nicholson, Dougherty and Abourezk, Sioux Falls, for plaintiff and appellant.

John P. Blackburn and Laura R. Mitchell, Blackburn and Mitchell, Yankton, for defendants and appellees.

HENDERSON, Retired Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

James F. Weber filed suit on January 13, 1993, against First Federal Bank of Beresford, South Dakota, alleging wrongful discharge, breach of implied contract, and deceit. By rationale in a September 30, 1993, Memorandum Opinion, the trial court granted an order of summary judgment on the same date in favor of First Federal. Trial court ruled that Weber's complaint did not

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