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DAVIS v. FARMLAND MUT. INS. CO.

Nos. 22726, 22729.

669 N.W.2d 713 (2003)

2003 SD 111

Lester L. DAVIS, Jr., Bankruptcy Examiner, In the Interest of the Bankruptcy Estate of Patrons Cooperative Association, Plaintiff and Appellee, v. FARMLAND MUTUAL INSURANCE COMPANY, Defendant and Appellant, and Robert Heidgerken, Michael Yackley, Darrel Bishop, Kenneth Singpiel, Laverne Koch, Edward McMahon, Ronald Johnson, Joe Varilek, and Cathy Everett, Defendants.

Supreme Court of South Dakota.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Michael J. Whalen, Rapid City, SD and Brad A. Schreiber of Day, Morris & Schreiber, L.L.P., Belle Fourche, SD, for plaintiff and appellee.

John Stanton Dorsey of Whiting, Hagg and Hagg, L.L.P., Rapid City, SD, for appellant Farmland Mutual.

ZINTER, Justice.

[¶ 1.] In 1999, Patrons Cooperative Association filed for Chapter 11 bankruptcy protection. The bankruptcy court appointed Lester Davis, Jr. as a bankruptcy examiner. Davis investigated Patrons' prior business activities and commenced legal proceedings against Patrons' directors1 and managers for damages arising from their operation of the business. Davis also commenced this declaratory judgment action against Farmland...

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