U.S. v. STATE

Nos. 20659, 20690.

598 N.W.2d 208 (1999)

1999 SD 94

The UNITED STATES of America, Plaintiff, and Hartzell Propeller, Inc., an Ohio Corporation, Plaintiff and Appellant, v. The STATE of South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 21, 1999.


Attorney(s) appearing for the Case

Joseph M. Butler and Daniel Duffy of Bangs, McCullen, Butler, Foye and Simmons, L.L.P. Rapid City, for plaintiff and appellant.

Terence R. Quinn and Robert L. Morris of Quinn, Day & Barker, Belle Fourche, South Dakota and David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellee.


SABERS, Justice.

[¶ 1.] Hartzell Propeller (Hartzell) and United States (U.S.) sought contribution from the State for settlements made after the State's airplane crashed on April 19, 1993. State counterclaimed against Hartzell for the loss of its airplane. Following a jury trial resulting in a zero verdict on all claims, the trial court granted judgment not withstanding the verdict in favor of State on its counterclaim. Hartzell appeals. We reverse and remand...

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