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DOUBLE DIAMOND v. FARMERS CO-OP ELEVATOR

No. 22620.

656 N.W.2d 744 (2003)

2003 SD 9

DOUBLE DIAMOND CONSTRUCTION, Plaintiff and Appellant, v. FARMERS COOPERATIVE ELEVATOR ASSOCIATION OF BERESFORD, South Dakota, a cooperative corporation, Defendant and Appellee. and MOLLER CONSTRUCTION, INC., Defendant.

Supreme Court of South Dakota.

Decided January 22, 2003.

Attorney(s) appearing for the Case

Chad Swenson of Swenson Law Firm, Sioux Falls, for plaintiff and appellant.

Roger Damgaard of Woods, Fuller, Shultz and Smith, Sioux Falls, for defendant and appellee.

PER CURIAM.

[¶ 1.] Double Diamond Construction (Double Diamond) attempts to appeal from an order of the circuit court vacating an arbitration award and ordering the arbitration proceeding to be reopened for the purpose of considering Farmers Elevator's damage claim against Double Diamond. For the reasons recited below, we dismiss Double Diamond's appeal for lack of appellate jurisdiction.

FACTS AND PROCEDURE

[¶ 2.] Double Diamond filed...

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