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DAKOTA CHEESE, INC. v. TAYLOR

No. 18660.

525 N.W.2d 713 (1995)

DAKOTA CHEESE, INC. and James J. Dee, Plaintiffs and Appellants, v. James TAYLOR, E. Steeves Smith, E. Steeves Smith, P.C. and Tinan, Padrnos, Smith & Taylor, a Partnership, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 4, 1995.

Attorney(s) appearing for the Case

Scott N. Heidepriem of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, for plaintiffs and appellants.

Robert B. Frieberg of Frieberg, Rudolph & Peterson, Beresford, for defendants and appellees Smith, E. Steeves Smith, P.C. and Tinan, Padrnos, Smith & Taylor, a Partnership.

John Simko and James E. Moore of Woods, Fuller, Schultz & Smith, Sioux Falls, for defendant and appellee Taylor.

CALDWELL, Circuit Judge.

Dakota Cheese Inc., (Dakota Cheese) and James Dee (Dee) appeal the lower court's dismissal of their case for failure to prosecute. We affirm.

FACTS AND PROCEDURAL HISTORY

In 1985, Dakota Cheese and Dee employed James D. Taylor, E. Steeves Smith, E. Steeves Smith, P.C. and Tinan, Padrnos, Smith and Taylor, a Partnership (Smith and Taylor) to represent them in an audit by the United States Department of Agriculture (USDA)....

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