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GRONAU v. WUEBKER

No. 22625.

670 N.W.2d 380 (2003)

2003 SD 116

Gordon GRONAU and Melba Gronau, Plaintiffs, v. James J. WUEBKER and Vincent Wuebker, individually, and d/b/a Marshall Spas and Pools, and Four Seasons Solar Products, Corp., Defendants and Third Party Plaintiffs and Appellees, v. James Utne, individually, and d/b/a Utne Construction and Roofing Company, Third Party Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 24, 2003.

Attorney(s) appearing for the Case

Timothy J. Cummings of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for defendants and third party plaintiffs/appellees.

Douglas M. Deibert, Karen A. Leonard of Cadwell, Sanford, Deibert & Garry, Sioux Falls, South Dakota, Attorneys for third party defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] James Utne, individually, and d/b/a/ Utne Construction and Roofing (Utne) appeals the trial court's denial of expenses and attorney fees against James and Vincent Wuebker, individually, and d/b/a/ Marshall Spas and Pools, and Four Seasons Solar Products Corporation (Wuebker). Utne claims Wuebker's Third Party Complaint against him was frivolous initially because there was no evidence of negligence on his part. Further, Utne claims...

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