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BOLLACK v. CITY OF MITCHELL, S.D.

No. CV 95-4140.

935 F.Supp. 1042 (1996)

Roger and Margaret BOLLACK and University Homes, Inc., d/b/a Happy Homes Super Center, Plaintiffs, v. CITY OF MITCHELL, SOUTH DAKOTA, Defendant.

United States District Court, D. South Dakota, Southern Division.

August 13, 1996.

Attorney(s) appearing for the Case

Frank J. Driscoll, DeMersseman Jensen Law Firm, Rapid City, SD, for Plaintiffs.

Carl J. Koch, Mitchell, SD, Edwin E. Evans, Davenport, Evans Law Firm, Sioux Falls, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

This matter comes before the Court on Plaintiffs' Motion to Strike Affirmative Defenses and Motion for Partial Summary Judgment. Doc. 29, Doc. 25. The Court has considered the briefs filed by the parties and the entire file in this matter. For the reasons stated below, the Court grants Plaintiffs' Motion to Strike Affirmative Defenses and denies Plaintiffs...

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