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GAIL M. BENSON LIVING v. PHYSICIANS OFFICE

No. 25762.

800 N.W.2d 340 (2011)

2011 S.D. 30

GAIL M. BENSON LIVING TRUST, Lenore G.L. Johnson Living Trust, Sanford Clinic, William Watson, M.D., Plaintiffs and Appellants, and Jeffrey B. Hagen, M.D., Plaintiff, v. PHYSICIANS OFFICE BUILDING, INC., Jeremiah D. Murphy, Defendants and Appellees, and Alfred E. Hartmann, M.D., Radiologic Partners, Robert E. Vandemark, Jr., M.D. and Sisters of the Presentation of the Blessed Virgin Mary of Aberdeen, South Dakota, Defendants.

Supreme Court of South Dakota.

Decided June 29, 2011.

Attorney(s) appearing for the Case

Kent R. Cutler , David L. Edwards , Kimberly R. Wassink of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

James E. McMahon , Rochelle R. Sweetman of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Limited partners brought suit against general partners seeking a declaratory judgment that the general partners' change in allocation of the limited partnership's profits and losses violated the partnership agreement. After considering cross-motions for summary judgment, the circuit court granted summary judgment in favor of the general partners. The limited partners appeal. We reverse and remand.

FACTS

[¶...

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