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OLSON v. EQUITABLE LIFE ASSUR. CO.

Nos. 22963, 22974.

681 N.W.2d 471 (2004)

2004 SD 71

Fred H. OLSON, Jr. and Jennifer Olson, Plaintiffs and Appellants, v. EQUITABLE LIFE ASSURANCE CO., Chris Jung in his individual capacity as Sheriff of Jones County, South Dakota and Chris Jung in his official capacity as Sheriff of Jones County, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 26, 2004.

Attorney(s) appearing for the Case

Mark V. Meierhenry and Clint Sargent of Danforth, Meierhenry and Meierhenry, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants Olsons.

Ronald A. Parsons, Jr., Scott N. Heidepriem and Scott Abdallah of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for defendant and appellee Equitable Life Assurance Co.

Gary Thimsen and Jeffrey L. Bratkiewicz of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee Sheriff Chris Jung individually and as Sheriff of Jones County.

MYREN, Circuit Judge.

[¶ 1.] This is the second appeal involving a sheriff's sale of certain property in Jones and Stanley Counties. The circuit court granted summary judgment against the plaintiffs on three separate claims. We affirm.

FACTS

[¶ 2.] The facts underlying this case were established in the prior appeal. Equitable Life Assurance v. First National Bank, 1999 SD 144, ...

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