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CASE v. McCOLLOCH

Nos. 20401, 20420.

587 N.W.2d 205 (1998)

1998 SD 117

Maxine B. CASE, Plaintiff and Appellant, v. Jean McCOLLOCH and Judith Sides, Defendants and Appellees. Jean McCOLLOCH, Counterclaimant, Crossclaimant and Appellee, and Sandra McCroden, Craig Murdock and Nancy Murdock, Intervening Claimants and Appellees, v. Maxine B. CASE, Defendant and Appellant, and Judith Sides and Gary Case, Defendants.

Supreme Court of South Dakota.

Decided December 9, 1998.

Rehearing Denied January 20, 1999.

Attorney(s) appearing for the Case

John J. Delaney of Delaney & Sumner, Rapid City, Rebecca A. Porter, Rapid City, for appellant.

Thomas E. Brady, Spearfish, for appellees.

SABERS, Justice.

[¶ 1.] This is a consolidated appeal. The parties are shareholders in Hickok's, Inc., a closely-held corporation. Maxine Case filed a complaint alleging Jean McColloch entered into a loan agreement with Judith Sides which was actually a disguised purchase of Sides' shares of stock in Hickok's, Inc. (shares) in violation of the corporation's articles of incorporation. McColloch counterclaimed that Maxine Case, Gary Case, and Sides breached an...

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