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WINTERSTEEN v. BENNING

No. 18333.

513 N.W.2d 920 (1994)

Glen R. WINTERSTEEN, Lee R. Wintersteen, and Thomas R. Wintersteen, d/b/a Triple W Enterprise, a partnership, Plaintiffs and Appellees, v. Stuart BENNING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Edward J. Leahy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and appellees.

Gale E. Fisher, Sioux Falls, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Landlords Glen R. Wintersteen, Lee R. Wintersteen, and Thomas R. Wintersteen, d/b/a Triple W Enterprise (hereinafter Wintersteens), sought unpaid rent and cleanup costs from tenant Dakota Lamb Feeders, Inc. (DLF) in April of 1989. A jury awarded Wintersteens $13,334.00 for damages, plus pre-judgment interests and costs. DLF paid all but the costs.

On June 13, 1991, Wintersteens, who are appellees...

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