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NORTHWESTERN SERV. v. SI-TANKA HURON

No. 24135.

731 N.W.2d 625 (2007)

2007 SD 32

NORTHWESTERN SERVICES CORPORATION, Plaintiff and Appellant, v. SI-TANKA HURON UNIVERSITY, Defendant, and Wells Fargo Bank South Dakota, N.A., (f/k/a Marquette Bank, N.A.), Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Donald T. Campbell of Leonard, Street and Deinard, P.A., Minneapolis, MN, Stephen C. Landon of Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, for plaintiff and appellant.

Thomas J. Welk, Michael F. Tobin of Boyce, Greenfield, Pashby & Welk, Sioux Falls, SD, for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] On February 2, 2004, Northwestern Services Corporation (NSC) commenced an action in the South Dakota Third Judicial Circuit for breach of contract against Si-Tanka Huron University (Si-Tanka) and to enforce a guarantee by Wells Fargo Minnesota, N.A. (Wells Fargo). On June 2, 2005, NSC filed a motion for summary judgment against Wells Fargo. On October 21, 2005, Wells Fargo filed a cross-motion for summary judgment against NSC...

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