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WEITZEL v. SIOUX VALLEY HEART PARTNERS

Nos. 23728, 23729.

714 N.W.2d 884 (2006)

2006 SD 45

Marc A. WEITZEL, M.D., Plaintiff and Appellee, v. SIOUX VALLEY HEART PARTNERS, a/k/a Heart Partners of Sioux Valley, a South Dakota Corporation, and Sioux Valley Physician Partners, a South Dakota Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 10, 2006.

Attorney(s) appearing for the Case

James E. Moore of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Roberto A. Lange, Eric C. Schulte of Davenport, Evans, Hurwitz and Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Sioux Valley Hospital and Sioux Valley Heart Partners (hereinafter "SVH"), appeal from an order granting the plaintiff's, Marc Weitzel, M.D. (hereinafter Weitzel), motion for summary judgment on a breach of contract claim. SVH also appeals the circuit court's declaratory judgment that loans it made to Weitzel were not enforceable under the prevention doctrine. By notice of review, Weitzel appeals the circuit court's dismissal...

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