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SCHREIFELS v. KOTTKE TRUCKING

No. 21495.

631 N.W.2d 186 (2001)

2001 SD 90

Cyril W. SCHREIFELS, Employee, Claimant and Appellant, v. KOTTKE TRUCKING, Employer and Appellee, and Dakota Truck Underwriters, Insurer and Appellee.

Supreme Court of South Dakota.

Decided July 11, 2001.

Attorney(s) appearing for the Case

Bret C. Merkle of Merkle Law Firm, Sioux Falls, SD, Attorneys for appellant.

Susan Brunick Simons of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Attorneys for appellees.

KONENKAMP, Justice

[¶ 1.] Cyril W. Schreifels appeals from an order granting Kottke Trucking (Employer) and Dakota Truck Underwriters' (Insurer) motion to dismiss for want of jurisdiction. The matter was dismissed with prejudice due to Schreifels' failure to comply with SDCL 1-26-31. We affirm.

FACTS

[¶ 2.] Schreifels filed a petition for hearing with the South Dakota Department of Labor. Schreifels, a truck driver, claimed that his three...

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