VOLLMER v. AKERSON

No. 23134.

688 N.W.2d 225 (2004)

2004 SD 111

Paul A. VOLLMER, Plaintiff and Appellee, v. H.A. AKERSON, Bernard Balaban and Denis Muhlstein, dba, Siouxland Oral & Maxillofacial Surgery Associates, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 6, 2004.


Attorney(s) appearing for the Case

Jody Odegaard Smith of Glover, Helsper & Rasmussen, Brookings, South Dakota, Attorneys for plaintiff and appellee.

Michael L. Luce, Eric C. Schulte of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellants.


MEIERHENRY, Justice.

[¶ 1.] Plaintiff brought an action to recover money his employer withheld from his final paycheck. The money was withheld to pay the costs of purchasing tail insurance coverage. The parties dispute whether the employment contract required a former employee to purchase tail insurance coverage at the expiration of his employment contract.1 The trial court granted Plaintiff...

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