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SPISKA ENGINEERING v. SPM THERMO-SHIELD

No. 25694.

798 N.W.2d 683 (2011)

2011 S.D. 23

SPISKA ENGINEERING, INC., Plaintiff and Appellee, v. SPM THERMO-SHIELD, INC., Defendant and Appellee, and In the Matter of Arbitration Between Spiska Engineering, Inc. and SPM Thermo-Shield, Inc. and Joseph Raver, Appellant.

Supreme Court of South Dakota.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Michael C. Loos of Clayborne, Loos & Sabers, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellee Spiska Engineering, Inc.

Dennis C. Whetzal , Rapid City, South Dakota, Attorney for receiver and appellee SPM Thermo-Shield, Inc.

Brad J. Lee of Beardsley, Jensen & Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for appellant Joseph Raver.

ZINTER, Justice.

[¶ 1.] Plaintiff-Appellee Spiska Engineering, Inc. (Spiska) commenced an action for breach of contract against Defendant-Appellee SPM Thermo-Shield, Inc. (Thermo-Shield). Following a number of proceedings and appeals relating to arbitration of the dispute, an arbitration award was confirmed and Spiska obtained a money judgment against Thermo-Shield. A receiver was subsequently appointed to satisfy the judgment by liquidation of Thermo-Shield...

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