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BOXA v. VAUGHN

No. 22756.

674 N.W.2d 306 (2003)

2003 SD 154

Earl G. BOXA, Elizabeth Boxa, Brent Combs, as guardian ad litem for Johnathan L. Combs, Brent Combs, Jennifer Combs, Shirley A. Vosika, Polly Anne Cerney, Emil J. Cerney Estate, Marjorie Harrison, and Verne Ellston, Plaintiffs and Appellees, v. Paul VAUGHN, Paul Vaughn Insurance Inc., Defendants and Appellants, and Scott Vanderbeek, Defendant.

Supreme Court of South Dakota.

Decided December 30, 2003.

Attorney(s) appearing for the Case

J.M. Grossenburg, Winner, for plaintiffs and appellees.

Mark V. Meierhenry, Clint Sargent of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendants and appellants.

SABERS, Justice.

[¶ 1.] Plaintiff purchasers1 brought suit against Paul Vaughn for damages, alleging that he sold purchasers unregistered business opportunities in violation of the Business Opportunities Act (Act). SDCL 37-25A-7. Vaughn did not dispute that he sold the purchasers unregistered business opportunities but he raised the affirmative defenses of waiver and failure to mitigate...

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