EIDE v. E.I. DU PONT DE NEMOURS & CO.

No. 19101.

542 N.W.2d 769 (1996)

1996 SD 11

Oakley EIDE, Plaintiff and Appellant, v. E.I. DU PONT DE NEMOURS & CO., a Delaware Corporation, and Dakota Pride Cooperative f/k/a Farmers Cooperative Oil Association of Winner d/b/a Burke Farmers Elevator, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 31, 1996.


Attorney(s) appearing for the Case

Michael L. Buffington of Samp and Merkle, Sioux Falls, for plaintiff and appellant.

Jack Gunvordahl, Burke, for appellee Du Pont.

Lon J. Kouri and Martin Oyos of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for appellee Dakota Pride Cooperative.


KONENKAMP, Justice.

[¶ 1] The circuit court's failure to give the parties notice of its intent to convert a motion to dismiss into a summary judgment motion was error. Accordingly, we reverse and remand.

Facts

[¶ 2] Eide, a Gregory County farmer, sued Du Pont De Nemours & Co. and Dakota Pride Cooperative for damages sustained to his corn crop, allegedly caused by Du Pont's Accent herbicide. After purchasing the product from Dakota Pride...

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