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MILLER v. WEBER

No. 19236.

546 N.W.2d 865 (1996)

1996 SD 47

Eugene MILLER, Plaintiff and Appellant, v. Jeff WEBER, Myles Culbertson, Jerri Simmons and the Bank of Albuquerque, a corporation, Defendants, and Buddy Major, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 24, 1996.

Attorney(s) appearing for the Case

Richard A. Sommers and Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Sommers, Aberdeen, for plaintiff and appellant.

Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee Major.

KONENKAMP, Justice.

[¶ 1] Plaintiff appeals orders setting aside default judgments and dismissing defendant, Buddy Major, for lack of personal jurisdiction. We affirm.

Facts

[¶ 2] In 1987, Buddy Major, a New Mexico rancher, decided to liquidate his cattle herd and other assets to repay his debts. Myles Culbertson, a New Mexico resident, contacted Major seeking an option to buy the livestock at $470 a head. Hoping to realize a sizable profit...

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