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BEHRENS v. WEDMORE

Nos. 22715, 22745.

698 N.W.2d 555 (2005)

2005 SD 79

Jon C. BEHRENS and Donald C. Behrens, Plaintiffs and Appellants, and Harry C. Behrens and George T. Behrens, Plaintiffs, v. Melvin D. WEDMORE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Michael F. Marlow, Sheila Woodward, Steven K. Huff of Johnson, Heidepriem, Miner, Marlow and Janklow, Yankton, South Dakota, Attorneys for plaintiffs and appellants.

Daniel F. Duffy, Gregory J. Erlandson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Jon and Don Behrens (jointly referred to as Behrens) owned and operated a funeral home in Rapid City. Without the assistance of legal counsel, they negotiated an agreement to sell their business to Loewen International, Inc. After signing the agreement, Behrens engaged Melvin Wedmore, their long-time attorney, to close the transaction with Loewen. Some time after the transaction was closed, Loewen filed for bankruptcy protection and Behrens...

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