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ALVINE v. MERCEDES-BENZ OF NORTH AMERICA

Nos. 21187, 21193.

620 N.W.2d 608 (2001)

2001 SD 3

Frank ALVINE, Plaintiff and Appellee, v. MERCEDES-BENZ OF NORTH AMERICA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 3, 2001.

Attorney(s) appearing for the Case

Steven W. Sanford and Karen A. Hilmoe of Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, Attorneys for plaintiff and appellee.

Lon J. Kouri and Deborah A. Birgen of May, Johnson, Doyle & Becker, Sioux Falls, SD, Attorneys for defendant and appellant.

MARTIN, Circuit Judge

[¶ 1.] Mercedes-Benz of North America, Inc. (Mercedes-Benz) appeals from a judgment determining that it breached an express warranty for a used Mercedes automobile purchased by Frank Alvine. We affirm all issues but remand issue 4 in part.

FACTS

[¶ 2.] In 1992, Mercedes-Benz introduced a new model automobile, the 500 SEL. Everything on this model was new except the engine...

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