SWENSON v. SANBORN COUNTY FARMERS UNION OIL CO.

No. 20444.

594 N.W.2d 339 (1999)

Doug SWENSON and Dan Swenson, Plaintiffs and Appellants, v. SANBORN COUNTY FARMERS UNION OIL COMPANY, a South Dakota Corporation, and Cenex/Land O'Lakes Agronomy Company, a Minnesota Corporation, Defendants and Appellees, v. Miles, Inc., an Indiana Corporation, f/k/a Mobay, Corp., Third Pary Defendants.

Supreme Court of South Dakota.

Decided May 19, 1999.


Attorney(s) appearing for the Case

Chan. B. Masselink of Samp Law Firm, Sioux Falls, for plaintiffs and appellants.

Kristine L. Kreiter of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.


DOBBERPUHL, Circuit Judge.

[¶ 1.] This matter arose in 1994 as an action by Doug and Dan Swenson (Swensons) seeking damages from Sanborn County Farmers Union Oil Company and Cenex/Land O'Lakes Agronomy Company (Companies) for alleged ineffective applications of herbicide to Swensons' fields. After a period of initial discovery, Companies moved for dismissal for failure to prosecute pursuant to SDCL 15-6-41(b) and SDCL 15-11-11. The trial court granted Companies...

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