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CITY OF COLTON v. SCHWEBACH

No. 19509.

557 N.W.2d 769 (1997)

1997 SD 4

CITY OF COLTON, South Dakota, Plaintiff and Appellant, v. Marie SCHWEBACH, d/b/a Schwebach Insurance Agency, and Employers Mutual Casualty Company, a corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 8, 1997.

Rehearing Denied February 20, 1997.

Attorney(s) appearing for the Case

F.M. Smith of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant.

Mark F. Marshall of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, for defendant and appellee Schwebach.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for defendant and appellee Employers Mutual.

AMUNDSON, Justice.

[¶ 1] City of Colton, South Dakota (City), appeals the circuit court's judgment in favor of Marie Schwebach, d/b/a Schwebach Insurance Agency (Schwebach), and Employers Mutual Casualty Company (Employers). We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2] City employed Linda Westberg (Westberg) as Finance Officer for sixteen years. Between October 1, 1991, and October 1, 1992,...

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