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HASSE v. FRATERNAL ORDER OF EAGLES

No. 22469.

658 N.W.2d 410 (2003)

2003 SD 23

Paul HASSE, d/b/a Coyote Vending and Lottery Company, Plaintiff and Appellant, v. FRATERNAL ORDER OF EAGLES # 2421 OF VERMILLION, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 26, 2003.

Attorney(s) appearing for the Case

James E. McCulloch, Vermillion, South Dakota, Attorney for plaintiff and appellant.

Craig K. Thompson, Vermillion, South Dakota, Attorney for defendant and appellee.

ZINTER, Justice.

[¶ 1.] In 1999, the Fraternal Order of Eagles # 2421 (F.O.E), lessor, filed a notice of termination of a video lottery lease and commenced a declaratory judgment action to determine whether the lease was terminated. The circuit court in that former action ruled that the lease was terminated. However, the lessee, Paul Hasse appealed, and this Court reversed the circuit court in Fraternal Order of Eagles # 2421 of Vermillion v. Hasse, 2000...

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