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  5. 674 N.W.2d 339 (2004)
 

LUTHER v. CITY OF WINNER

Nos. 22816, 22830.

674 N.W.2d 339 (2004)

2004 SD 1

Donald LUTHER and Connie Luther, Plaintiffs and Appellants, v. CITY OF WINNER, a South Dakota Municipality, and Dan Britton, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 7, 2004.

Attorney(s) appearing for the Case

Stephanie E. Pochop of Johnson, Eklund, Nicholson, Peterson, Gregory, South Dakota, Attorneys for plaintiffs and appellants.

David A. Pfeifle of May and Johnson, Sioux Falls, South Dakota, Attorneys for defendant and appellee, City of Winner.

J.M. Grossenburg, Winner, South Dakota, Attorney for defendant and appellee, Dan Britton.

SABERS, Justice.

[¶ 1.] Donald Luther sued Dan Britton and the City of Winner (City) for negligence. City brought a motion for summary judgment in which Britton joined. The trial court denied that motion. Britton then brought another motion for summary judgment which City joined. The trial court granted the second motion in favor of both defendants. Luther appeals. By notice of review, City and Britton appeal the denial of the first motion for summary judgment...

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