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LOEN v. ANDERSON

No. 23109.

692 N.W.2d 194 (2005)

2005 SD 9

Douglas and Cindy LOEN, Plaintiffs and Appellants. v. Roberta J. ANDERSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 19, 2005.

Attorney(s) appearing for the Case

David J. King and Grant G. Alvine of Alvine & King, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Mark J. Welter of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

LOVRIEN, Circuit Judge.

[¶ 1.] Douglas and Cindy Loen (Loens) appeal a judgment entered in their favor following a jury trial. They claim 1) the trial court did not properly instruct the jury, 2) that the jury failed to award pre-judgment interest, and 3) that the trial court abused its discretion when it denied their motion for a new trial. We reverse and remand.

FACTS AND PROCEDURE

[¶ 2.] Loens...

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