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BURCH v. BRICKER

No. 23907.

724 N.W.2d 604 (2006)

2006 SD 101

Tim BURCH and Linda Burch, Plaintiffs and Appellees, v. Stanley BRICKER and Diana Bricker, Defendants and Appellants, and Ben N. Garman and Lori L. Garman, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 15, 2006.

Attorney(s) appearing for the Case

Wesley W. Buckmaster, Buckmaster Law Offices, P.C., Belle Fourche, South Dakota, Attorneys for plaintiffs and appellees.

Brad A. Schreiber, Schreiber Law Office, Brooke K. Steele, Belle Fourche, South Dakota, Attorneys for defendants and appellants.

ZINTER, Justice.

[¶ 1.] Burchs leased cattle grazing land from Brickers. Burchs claimed a rent reduction due to a drought. The parties agreed that the lease authorized the reduction, but there was a dispute concerning the method of calculation. Over a period of time, both sides filed a number of motions for partial summary judgment asking the circuit court to decide the issues piecemeal as a matter of law. The circuit court granted summary judgments in favor...

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