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DAKOTA PORK INDUSTRIES v. CITY OF HURON

No. 21990.

638 N.W.2d 884 (2002)

2002 SD 3

DAKOTA PORK INDUSTRIES, Plaintiff and Appellant, v. The CITY OF HURON, South Dakota, A Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 2, 2002.

Attorney(s) appearing for the Case

Rodney Freeman, Jr., Jeff Burns of Churchill, Manolis, Freeman, Kludt, Shelton & Burns Huron, South Dakota, Attorneys for plaintiff and appellant.

Neil Fulton, Robert B. Anderson of May, Adam, Gerdes and Thompson Pierre, South Dakota, Attorneys for defendant and appellee.

GORS, Acting Justice.

[¶ 1.] Dakota Pork Industries (Dakota Pork) appeals the trial court's grant of summary judgment to the City of Huron (City) on breach of express warranty and breach of implied warranty of fitness for a particular purpose. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Dakota Pork operated a pork processing plant in Huron, South Dakota, from 1987 until it ceased operations in July of 1997. In 1991, Dakota Pork entered into an...

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