MICHLITSCH v. MEYER

No. 20717.

594 N.W.2d 731 (1999)

1999 SD 69

Calvin MICHLITSCH, Plaintiff and Appellee, v. Michael MEYER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 9, 1999.


Attorney(s) appearing for the Case

Leon J. Vander Linden of Delaney, Vander Linden & Delaney, Webster, for plaintiff and appellee.

Reed Rasmussen of Siegel, Barnett & Schutz, Aberdeen, for defendant and appellant.


MILLER, Chief Justice.

[¶ 1.] This is an appeal from the trial court's denial of Meyer's application for costs, disbursements, and attorney fees. We affirm in part and reverse and remand in part.

FACTS

[¶ 2.] The underlying litigation involving these parties stems from a July 29, 1993 confrontation between Calvin Michlitsch and Michael Meyer at the American Legion Club in Webster, South Dakota. The parties' stories conflict as to what transpired...

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