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FIRST NAT. BANK IN SIOUX FALLS v. DRIER

Nos. 19430, 19460.

574 N.W.2d 597 (1998)

1998 SD 1

The FIRST NATIONAL BANK IN SIOUX FALLS, Plaintiff and Appellee, v. Calvin DRIER and Jan Drier, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Steven W. Sanford of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for plaintiff and appellee.

Roger Hunt, Brandon, for defendants and appellants.

MILLER, Chief Justice.

[¶ 1.] First National Bank in Sioux Falls (Bank) brought a foreclosure action against Cal and Jan Drier (hereinafter "Driers," or "Cal" or "Jan" when referred to individually) for defaulting on a loan. Driers counterclaimed for negligent infliction of emotional distress and breach of the implied covenant of good faith and fair dealing. The trial court granted a directed verdict in favor of Bank on the negligent infliction of emotional distress...

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