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YANKTON ETHANOL, INC. v. VIRONMENT, INC.

No. 20558.

592 N.W.2d 596 (1999)

1999 SD 42

YANKTON ETHANOL INC., Plaintiff and Appellee, v. VIRONMENT, INC., A South Dakota Corporation, Eugene Noonan, Jerry Noonan, Individually, and as Officers, Directors, and Stockholders of Vironment, Inc., Defendants and Appellants, and Paul Middaugh, Individually, and as Officer, Director, and Stockholder of Vironment, Inc., Defendant.

Supreme Court of South Dakota.

April 7, 1999.

Attorney(s) appearing for the Case

Timothy L. James of James & Associates, Yankton, South Dakota, for plaintiff and appellee.

Dennis C. McFarland, Sioux Falls, South Dakota, for defendants and appellants.

AMUNDSON, Justice.

[¶ 1.] Vironment, Inc. (Vironment) appeals the circuit court's order granting Yankton Ethanol, Inc.'s (Yankton Ethanol) motion to dismiss Vironment's counterclaim. We reverse and remand.

FACTS

[¶ 2.] On September 25, 1989, Vironment contracted with Yankton Ethanol to purchase the Yankton Ethanol Plant. The contract document was prepared by attorney Charles E. Light (Light), who is also the sole shareholder, officer, and...

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