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MOSS v. GUTTORMSON

Nos. 19188, 19197.

551 N.W.2d 14 (1996)

1996 SD 76

Scott MOSS, Plaintiff and Appellee, v. Steve GUTTORMSON, Arnold Guttormson, and Arnie's Meats and Seafood, Austin, Minnesota, each Defendant individually and collectively, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, Todd D. Wilkinson of Wilkinson & Wilkinson, DeSmet, for plaintiff and appellee.

Steven J. Helmers of Lynn, Jackson, Shultz and Lebrun, Rapid City, for defendants and appellants.

KONENKAMP, Justice.

[¶ 1] The issue presented is whether a salesperson adversely affected by product mislabeling can assert claims against the employer-distributor for deceit and for violating South Dakota's Deceptive Trade Practices and Consumer Protection law. We conclude the claims are sustainable under both theories.

Facts

[¶ 2] In July, 1990 Scott Moss was hired as a South Dakota truck route salesperson for Arnie's Meats and Seafood...

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