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HIMRICH v. CARPENTER

No. 19918.

569 N.W.2d 568 (1997)

1997 SD 116

E.A. HIMRICH, and Gerald M. Baldwin, Plaintiffs and Appellants, v. Edward C. CARPENTER and the Partnership known as Costello, Porter, Hill, Heisterkamp and Bushnell, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 8, 1997.

Attorney(s) appearing for the Case

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

Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellees.

KEAN, Circuit Judge.

PROCEDURAL HISTORY/FACTUAL BACKGROUND

[¶ 1.] In 1994 the South Dakota Supreme Court held that a lease-purchase agreement between the City of Custer (City) and Homes, Inc., which included the Custer City Attorney, Gerald Baldwin (Baldwin), as one of the principles, was null and void as violative of public policy under SDCL 6-1-1. Speckels v. Baldwin, 512 N.W.2d 171 (S.D. 1994). Subsequent...

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