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GREAT WESTERN BANK v. BRANHAN

No. 25913.

804 N.W.2d 447 (2011)

2011 S.D. 66

GREAT WESTERN BANK, Plaintiff and Appellee, v. THOMAS E. BRANHAN and ROBIN E. BRANHAN, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 28, 2011.

Attorney(s) appearing for the Case

James Roby of Green, Roby, Oviatt, Cummings & Linngren, LLP, Watertown, South Dakota, Attorneys for plaintiff and appellee.

Richard D. Casey , Heath Oberloh, Ryland Deinert of Lynn, Jackson, Shultz & Lebrun, PC Sioux Falls, South Dakota, Attorneys for defendants and appellants.

MEIERHENRY, Retired Justice.

[¶ 1.] Thomas and Robin Branhan (Branhans) appeal from an order of the Third Judicial Circuit Court, holding that Great Western Bank (Great Western) is entitled to a $39,810 capital call repayment from Glacial Lakes Corn Processors (Glacial Lakes). Branhans argue that they are entitled to the repayment because they paid the capital call on which the repayment was based, and because the repayment would give Great Western more than...

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