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CITIBANK (SOUTH DAKOTA), N.A. v. STATE

No. 20618.

599 N.W.2d 402 (1999)

1999 SD 124

CITIBANK (SOUTH DAKOTA), N.A., Plaintiff and Appellee, v. STATE of South Dakota, Defendant and Appellant, v. Richard A. Butler, Treasurer of the State of South Dakota, Intervenor.

Supreme Court of South Dakota.

Decided September 8, 1999.

Attorney(s) appearing for the Case

David L. Knudson and Monte R. Walz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Mark Barnett, Attorney General, Lawrence E. Long, Chief Deputy Attorney General, Constance K. Nilles, Assistant Attorney General, Pierre, South Dakota, Attorneys for defendant and appellant.

Linda Lea M. Viken of Viken, Viken, Pechota, Leach & Dewell, Rapid City, South Dakota, Attorney for intervenor.

MILLER, Chief Justice.

[¶ 1.] State appealed from the trial court's declaratory judgment ruling that Citibank was not required to pay six unmatched payments to State under South Dakota's Uniform Unclaimed Property Act. Prior to oral argument on the appeal, State and Citibank agreed to settle the litigation and State moved to dismiss the appeal. State Treasurer Richard Butler then moved to intervene and we granted the motion. We now grant State's motion to dismiss...

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