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SPECIALTY MILLS v. CITIZENS STATE BANK

No. 19607.

558 N.W.2d 617 (1997)

1997 SD 7

SPECIALTY MILLS, INC., Hesco, Inc., and Bruce C. Hestad, Plaintiffs and Appellants, v. CITIZENS STATE BANK, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 5, 1997.

Attorney(s) appearing for the Case

Bruce M. Ford of Burns & Ford, Sioux Falls and Jonathan K. Van Patten, Vermillion, for plaintiffs and appellants.

Lee A. Magnuson of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, for defendant and appellee.

SABERS, Justice.

[¶ 1] Bank successfully moved bankruptcy court to issue notice that automatic stay was in effect in debtor's pending bankruptcy proceedings. Notice was issued to Specialty Mills, Inc., (SMI), a non-creditor. SMI sought to remove its property from debtor's premises. SMI sued, claiming the Bank's actions amounted to malicious prosecution, abuse of process, intentional interference with contract, and tortious interference with business relationships...

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