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NEW ERA MIN. CO. v. DAKOTA PLACERS, INC.

No. 20833.

603 N.W.2d 202 (1999)

1999 SD 153

NEW ERA MINING COMPANY, Plaintiff and Appellee, v. DAKOTA PLACERS, INC., a South Dakota corporation; Red Ex Associates, a joint venture; Lawrence County, a political subdivision; First Interstate Bank of Commerce, and K.A. Ray Smith and William Speer, Defendants, and Ken Dehn & Son Oil Co. and Sundstrom, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 15, 1999.

Attorney(s) appearing for the Case

Jon W. Mattson, Deadwood, South Dakota, Attorney for plaintiff and appellee.

Stan H. Anker, Rapid City, South Dakota, Attorney for defendant and appellant Ken Dehn & Son Oil Co.

A.P. Fuller of Fuller, Tellinghuisen, Gordon & Percy, P.C., Lead, South Dakota, Attorneys for defendant and appellant Sundstrom.

GILBERTSON, Justice.

[¶ 1.] Defendants Ken Dehn & Son Oil Co., Inc. (Dehn) and Sundstrom Inc. (Sundstrom) appeal from the circuit court's judgment foreclosing their mechanics' liens in whole or in part from the title to real estate held by Brightwater, Inc., successor of New Era Mining Company (New Era). We affirm.

FACTS AND PROCEDURE

[¶ 2.] On May 25, 1989, Dakota Placer, Inc.1 entered into a Contract for...

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