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FAIR v. NASH FINCH CO.

Nos. 24073, 24076.

728 N.W.2d 623 (2007)

2007 SD 16

Anna FAIR, Claimant and Appellee, v. NASH FINCH COMPANY, Employer and Appellant, and Royal and Sun Alliance, Insurer and Appellant.

Supreme Court of South Dakota.

Decided February 14, 2007.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, South Dakota, Attorney for appellee.

Richard L. Travis, Jason W. Shanks of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for appellants.

MEIERHENRY, Justice.

[¶ 1.] Anna Fair (Fair) claimed workers' compensation benefits due to an injury she received when she fell leaving the premises of her employer, Family Thrift Center (Family Thrift). The South Dakota Department of Labor, Unemployment Insurance Division (Department) determined that Fair's injury did not arise out of or in the course of her employment because she had shopped for a short time after completing her shift. The Department

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