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FENSKE MEDIA CORP. v. BANTA CORP.

No. 22922.

676 N.W.2d 390 (2004)

2004 SD 23

FENSKE MEDIA CORPORATION, Plaintiff and Appellant, v. BANTA CORPORATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Robert Gusinsky of Lynn, Jackson, Shultz & Lebrun, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Michael P. Reynolds of Barker, Wilson, Reynolds & Burke, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] We are confronted with the question whether the circuit court acted properly in dismissing this case under SDCL 15-6-12(b)(5) on the ground that plaintiff had signed a release in an earlier lawsuit against the same defendant, resulting in the dismissal of that lawsuit with prejudice. Because the plaintiff's allegations, taken as true, fail to state any viable legal theory to overcome the broad language of the release, we affirm.

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