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BUCHHOLZ v. STORSVE

No. 24488.

740 N.W.2d 107 (2007)

2007 SD 101

Walter L. BUCHHOLZ, individually and in his capacity, as Personal Representative of the Estate of Linda C. Buchholz, Plaintiff and Appellee v. Harold E. STORSVE, Defendant and Appellant, and South Dakota Retirement System, Defendant.

Supreme Court of South Dakota.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Dylan A. Wilde of Brady & Pluimer, P.C., Spearfish, SD, for plaintiff and appellee.

Steven M. Christensen of Christensen Law Office, Deadwood, SD, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Linda C. Buchholz (Linda) passed away, leaving a State of South Dakota retirement plan naming her exspouse, Harold E. Storsve (Storsve), as the primary beneficiary. Linda's surviving spouse, Walter L. Buchholz (Buchholz), filed a declaratory judgment action seeking revocation of the retirement plan's beneficiary designation and an order declaring Buchholz the lawful beneficiary of Linda's retirement account. The parties filed...

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