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HABERER v. RICE

No. 17947.

511 N.W.2d 279 (1994)

Merle HABERER, Florence Haberer, and Haberer Dairy and Farm Equipment, Inc., and Carney Haberer, Plaintiffs and Appellants, v. George J. RICE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 26, 1994.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Abourezk, Gregory, for plaintiffs and appellants.

Rory King of Siegel, Barnett & Schutz, Aberdeen, for defendant and appellee.

McMURCHIE, Circuit Judge.

This appeal is one of a continuing saga: Haberer v. First Bank of South Dakota, 429 N.W.2d 62 (S.D.1988) and Haberer v. Rice, 476 N.W.2d 276 (S.D.1991).

In Haberer v. First Bank, supra, this Court held that when the bank had earlier sued Haberer to foreclose on a note executed by Haberer and the bank, Haberer's action against the bank for...

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