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FIX v. FIRST STATE BANK OF ROSCOE

Nos. 25898, 25911.

807 N.W.2d 612 (2011)

2011 S.D. 80

Rita FIX, Plaintiff and Appellant, and John S. Lovald, Plaintiff, v. FIRST STATE BANK OF ROSCOE, a South Dakota Corporation, Roscoe Community Bankshares, Inc., a South Dakota Corporation, Defendants and Appellees, and James and Pamela Baer and Vaughn Beck, Defendants.

Supreme Court of South Dakota.

Decided November 30, 2011.

Attorney(s) appearing for the Case

Lee Schoenbeck , Watertown, South Dakota, Attorney for plaintiff and appellant.

Roger W. Damgaard , Sander J. Morehead of Woods, Fuller, Shultz & Smith PC, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

MEIERHENRY, Retired Justice.

[¶ 1.] This appeal involves Rita Fix's claim against First State Bank of Roscoe and Roscoe Community Bankshares, Inc. (Bank) for intentional infliction of emotional distress and abuse of process. The trial court dismissed Fix's intentional infliction of emotional distress claim; the abuse of process claim was tried to a jury. Fix claims that the trial court erred in dismissing the intentional infliction of emotional distress claim...

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