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EISCHEN v. WAYNE TP.

No. 24438.

744 N.W.2d 788 (2008)

2008 SD 2

Paul EISCHEN, Sharon Eischen, Jim Eischen, John Eischen and Eric Eischen, Plaintiffs and Appellants, v. WAYNE TOWNSHIP and Wayne Township Volunteer Fire Department, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 2, 2008.

Attorney(s) appearing for the Case

Aaron D. Salberg, Salberg Law Firm, PC, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Douglas M. Deibert of Cadwell, Sanford, Delbert & Garry, L.L.P., Sioux Falls, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] In connection with a suit claim, stemming from a November 10, 1998 fire at their residence, plaintiffs Paul, Sharon, Jim, John and Eric Eischen (collectively "Eischens") filed a negligence claim against defendants, Wayne Township Volunteer Fire Department (the "Volunteer Fire Department") and Wayne Township (defendants hereafter collectively, the "Township"), on November 9, 2001. On

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