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FRATERNAL ORDER OF EAGLES #2421 v. HASSE

No. 21262.

618 N.W.2d 735 (2000)

2000 SD 139

FRATERNAL ORDER OF EAGLES # 2421 OF VERMILLION, South Dakota, Plaintiff and Appellee, v. Paul HASSE, d/b/a Coyote Vending and Lottery Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 8, 2000.

Attorney(s) appearing for the Case

Craig K. Thompson, Vermillion, Attorney for plaintiff and appellee.

James E. McCulloch, Vermillion, Attorney for defendant and appellant.

MILLER, Chief Justice.

[¶ 1.] In this declaratory judgment action, we hold that a video lottery lease was not effectively terminated.

FACTS

[¶ 2.] The Fraternal Order of Eagles # 2421 (F.O.E.) of Vermillion, South Dakota entered into a written lease with Paul Hasse on September 6, 1989. The lease provided that F.O.E. would lease floor space to Hasse for installation of video lottery machines in return for Hasse's remittance of a specified...

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