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SUN MORTG. v. WESTERN WARNER OILS

No. 19855.

567 N.W.2d 632 (1997)

1997 SD 101

SUN MORTGAGE CORPORATION, Plaintiff and Appellant, v. WESTERN WARNER OILS LTD., Keith Peterson and Carol Peterson, Don Benson, Edward D. Jones & Co., Super 8 Motels, Inc., and Canadian Cartel Projects, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Robert M. Ronayne and Dawn M. Aman of Ronayne and Wein, Aberdeen, for Plaintiff and Appellant.

Haven L. Stuck and Craig A. Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, for Defendant and Appellee Edward D. Jones & Co.

AMUNDSON, Justice.

[¶ 1.] Sun Mortgage Corp. (Sun Mortgage) sued Western Warner, Oils, Ltd. (Western Warner) and others for breach of contract. Partial summary judgment was granted to Sun Mortgage against Keith and Carol Peterson (Petersons). The remaining issues before the trial court consisted of Sun Mortgage's claim against Edward D. Jones & Co. (EDJ) for violating the hypothecation agreement, and EDJ's cross...

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