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ESTATE OF ELLIOTT v. A & B WELDING SUPPLY

No. 20601.

594 N.W.2d 707 (1999)

1999 SD 57

The ESTATE OF Fredris J. ELLIOTT, deceased, by and through its Executor, Raymond D. ELLIOTT Plaintiff and Appellant, v. A & B WELDING SUPPLY COMPANY, INC., a South Dakota Corporation, Dakota Welding Supply Company, Inc., a South Dakota Corporation, Donald W. Elliott, an individual, and Robert P. Elliott, an individual, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Michael P. Reynolds of Quinn, Eiesland, Day & Barker, Rapid City, South Dakota, Attorneys for plaintiff appellant.

William A. May of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, South Dakota, Attorneys for defendants and appellees A & B Welding and Donald W. Elliott.

Tim Shattuck of Woods, Fuller, Shultz & Smith, Sioux Falls, Attorneys for defendants and appellees Dakota Welding and Robert P. Elliott.

MARTIN, Circuit Judge.

[¶ 1.] Estate of Fredris J. Elliott, by and through its executor, Raymond D. Elliott (Estate), appeals summary judgment in favor of A & B Welding Supply Company, Inc. (A & B Welding), Dakota Welding Supply Company, Inc. (Dakota Welding), Donald W. Elliott, and Robert P. Elliott (collectively, Defendants) regarding agreements among shareholders for the purchase of stock. We affirm summary judgment regarding A & B Welding and...

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