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DUNES HOSPITALITY v. COUNTRY KITCHEN INTERN.

Nos. 21395, 21400.

623 N.W.2d 484 (2001)

2001 SD 36

DUNES HOSPITALITY, L.L.C., a South Dakota Limited Liability Company, Plaintiff and Appellee, v. COUNTRY KITCHEN INTERNATIONAL, INC., a Minnesota Corporation, Defendant and Appellant. Country Kitchen International, Inc., a Minnesota Corporation, Third-Party Plaintiff and Appellant, v. Venerts Investments, Inc., a South Dakota Corporation, James Berven, and William Folkerts, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 21, 2001.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, SD, Attorneys for plaintiff and appellee Dunes Hospitality, L.L.C.

Lawrence R. Commers, Tim A. Staum of Mackall, Crounse & Moore, Minneapolis, MN, and Brian J. Donahoe of Cutler, Donahoe & Mickelson, Sioux Falls, SD, Attorneys for defendant and appellant Country Kitchen International, Inc.

SABERS, Justice.

[¶ 1.] Dunes Hospitality, LLC (Dunes) brought an action against Country Kitchen Int'l, Inc. (CKI) to set aside a settlement agreement on claims of fraud or economic duress. The jury rejected the fraud claim but found economic duress. We hold that the law of economic duress applies but that these facts do not constitute economic duress.

FACTS

[¶ 2.] Dunes was granted the right...

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