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BAYER v. PAL NEWCOMB PARTNERS

Nos. 21815, 21816.

643 N.W.2d 409 (2002)

2002 SD 40

Barry BAYER and Sylvia Bayer, Plaintiffs and Appellees, v. PAL NEWCOMB PARTNERS, a Partnership, Defendant, and PAL, Inc. a South Dakota Partnership, Defendant and Appellant, and Gale E. Fisher and Pamela J. Fisher, Plaintiffs, v. PAL Newcomb Partners, a Defendant, Partner, and Three B., Inc., Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 27, 2002.

Attorney(s) appearing for the Case

Arlie Brende, Sioux Falls, South Dakota, for plaintiffs and appellees.

David L. Nadolski of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, South Dakota, for defendant and appellant.

GORS, Acting Justice.

[¶ 1.] PAL, Inc., (PAL) appeals a money judgment in favor of Barry and Sylvia Bayer and Three B, Inc. based on negligent misrepresentation. We reverse.

FACTS

[¶ 2.] River Run was a Planned Development District in Sioux Falls, South Dakota, located next to Westward Ho Country Club. West 12th Street ran along the northern boundary. Gage Brothers Concrete was located next to Interstate 29 on the west. Wooded land owned...

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