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FRITZMEIER v. KRAUSE GENTLE CORP.

Nos. 22307, 22308.

669 N.W.2d 699 (2003)

2003 SD 112

Janet FRITZMEIER, Jay Fritzmeier, Chuck Colmenero, Todd Lundgren, Jack Rentschler, Julie Rentschler, Don Rose, Jean Rose, Mike Wilbur, Steve Brashears and Randy Heaton, Plaintiffs and Appellees, v. KRAUSE GENTLE CORPORATION, Defendant and Appellant, and Blimpie Midwest, L.L.C., Defendant.

Supreme Court of South Dakota.

Decided September 10, 2003.

Rehearing Denied October 21, 2003.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, & Peterson, Gregory, SD, and Thomas J. Nicholson of Johnson, Eklund, Nicholson, & Peterson Sioux Falls, SD, for plaintiffs and appellees.

Steven W. Sanford of Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, and Michael A. Dee of Pingel & Templer, P.C., West Des Moines, IA, for defendant and appellant Krause Gentle Corporation.

GILBERTSON, Chief Justice.

[¶ 1.] This appeal is the result of a jury trial in which eight plaintiffs were awarded compensatory and punitive damages for their allegations of fraudulent misrepresentations against Krause Gentle Corporation (Krause Gentle) which they allege induced them to buy Blimpie Sub franchises. We affirm on all issues except for prejudgment interest.

FACTS AND PROCEDURE

[¶ 2.] Starting in 1993, Krause Gentle of Des Moines...

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