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CHRISTIE v. DOLD

Nos. 18608, 18627.

524 N.W.2d 866 (1994)

Carolyn CHRISTIE, Administratrix with Will Annexed of the Estate of Judson S. Berry, Deceased, Plaintiff and Appellant, v. Paul J. DOLD, Defendant, and Cyril D. Miller and Phyllis J. Miller, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 7, 1994.

Rehearing Denied January 3, 1995.

Attorney(s) appearing for the Case

Jerome B. Lammers and Ryker J. Lammers of Lammers, Lammers, Kleibacker & Parent, Madison, for appellant.

T.R. Pardy and Gregory A. Protsch of Mumford, Protsch & Pardy, Howard, for appellees.

RUSCH, Circuit Judge.

Carolyn Christie (Christie) is the administratrix with will annexed of the estate of Judson S. Berry. She was appointed to that position on July 7, 1992. Thereafter she filed this lawsuit against Cyril and Phyllis Miller (Millers), the former executors of the Berry estate, and against Paul J. Dold (Dold), an attorney. Dold represented Millers while they were the executors of the Berry estate. Christie's lawsuit was to recover money embezzled...

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