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WHITE EAGLE v. CITY OF FORT PIERRE

No. 20891.

606 N.W.2d 926 (2000)

2000 SD 34

Daron WHITE EAGLE, as Special Administrator for the Estate of Darrell Thomas White Eagle, deceased, Plaintiff and Appellee, v. CITY OF FORT PIERRE, South Dakota, A Political Subdivision, as Employer and Entity, and Kevin Steever, in his capacity As Chief of Police of Fort Pierre, Jointly and Severally and in Their Individual Capacities, Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 8, 2000.

Attorney(s) appearing for the Case

Robin L. Zephier of Abourezk Law Firm, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Karla L. Engle and Thomas H. Harmon of Tieszen Law Office, Pierre, South Dakota, Attorneys for defendants and appellants.

STEELE, Circuit Judge.

[¶ 1.] The trial court denied City of Fort Pierre's (City) amended motion to dismiss, concluding that service of process on City was effective because there was substantial compliance with the requirements of SDCL 15-6-4(d). This Court granted City's petition for allowance of an intermediate appeal. We reverse.

FACTS

[¶ 2.] Darrell Thomas White Eagle died on or about June 26, 1995. Daron White Eagle, (White Eagle...

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