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PAINT BRUSH CORP. v. NEU

Nos. 20701, 20715, 20716, 20755, 20760, 20766.

599 N.W.2d 384 (1999)

1999 SD 120

PAINT BRUSH CORPORATION, Parts Brush Division, Plaintiff and Appellant, v. John NEU, James Neu, and Neu Realty Company, d/b/a Walton Brush, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 1, 1999.

Attorney(s) appearing for the Case

Martin Weeks of Bogue, Weeks, Collier & Reed, Vermillion, South Dakota, Raymond C. Ortman, Jr. of Ortman & Associates, Deephaven, Minnesota, John Simko and William G. Beck of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Cheryle Wiedmeier Gering and Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellees John Neu & Neu Realty.

David A. Pfeifle and Lon J. Kouri of May, Johnson, Doyle & Becker, Sioux Falls, South Dakota, Attorneys for appellee James Neu.

JOHNSON, Circuit Judge.

[¶ 1.] Paint Brush Corporation, Parts Brush Division, filed suit against James Neu, John Neu, and Neu Realty Company d/b/a Walton Brush, alleging: 1) violation of the South Dakota Uniform Trade Secrets Act; 2) fraud; 3) breach of duty of loyalty; and 4) breach of contract. John Neu, and Neu Realty Company d/b/a Walton Brush, (Walton Brush), filed a separate answer and counterclaim asserting defamation, disparagement, and tortious interference...

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