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CREDIT COLLECTION SERVICES v. PESICKA

No. 23946.

721 N.W.2d 474 (2006)

2006 SD 81

CREDIT COLLECTION SERVICES, INC., a South Dakota Corporation, Plaintiff and Appellant, v. Bradley J. PESICKA and Martina Ashford, Defendants.

Supreme Court of South Dakota.

Decided August 23, 2006.

Attorney(s) appearing for the Case

David M. Hosmer, Yankton, South Dakota, Attorney for plaintiff and appellant.

ZINTER, Justice.

[¶ 1.] Credit Collection Services, Inc. (CCS) appeals a judgment denying attorney's fees in a breach of contract action against Bradley Pesicka and his former wife Martina Ashford. We reverse and remand.

FACTS

[¶ 2.] In 2003, Pesicka and Ashford, who were still married, received medical services from Avera Sacred Heart Hospital in Yankton, South Dakota. In connection with obtaining these services, Pesicka signed a contract...

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