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STATE v. GRAND RIVER ENTERPRISES, INC.

No. 24804.

757 N.W.2d 305 (2008)

2008 SD 98

STATE of South Dakota, Plaintiff and Appellant, v. GRAND RIVER ENTERPRISES, INC., an alien Corporation, Defendant and Appellee. State of South Dakota, Plaintiff and Appellant, v. Grand River Enterprises, Inc., a/k/a Grand River Enterprises Six Nations, Ltd., an alien Corporation, Defendant and Appellee (Two Cases).

Supreme Court of South Dakota.

Decided October 22, 2008.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, SD, for plaintiff and appellant.

Haven L. Stuck Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, SD, Amy L. Vandamme, Paul E. Benson of Michael Best & Friedrich, LLP, Milwaukee, WI, for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Grand River Enterprises Six Nations Ltd. (Grand River), a Canadian cigarette manufacturer, moved the circuit court to vacate three default judgments arising out of the sale of cigarettes in the State of South Dakota. Grand River argued that the circuit court lacked personal jurisdiction because Grand River had not purposefully availed itself of the South Dakota market sufficient to permit jurisdiction...

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