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DOWLING FAMILY PARTNERSHIP v. MIDLAND FARMS

No. 27114.

865 N.W.2d 854 (2015)

2015 S.D. 50

DOWLING FAMILY PARTNERSHIP, a South Dakota General Partnership and Dowling Brothers Partnership, a South Dakota General Partnership, Plaintiffs and Appellees, v. MIDLAND FARMS, LLC, an Iowa Limited Liability Company; Defendant and Appellant. and Lanny DeMott, Defendant.

Supreme Court of South Dakota.

Decided June 17, 2015.

Attorney(s) appearing for the Case

Gregory A. Eiesland of Johnson Eiesland Law Offices, PC Rapid City, South Dakota, Thomas P. Maher Thomas M. Maher of Maher Law Office, LLP Pierre, South Dakota, Attorneys for plaintiffs and appellees.

William G. Taylor , James E. Moore of Woods, Fuller, Shultz & Smith PC, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Midland Farms, LLC, appeals the circuit court's denial of its request for restitution from Dowling Family Partnership and Dowling Brothers Partnership (collectively, "the Partnerships"). Midland asserts that the Partnerships were unjustly enriched by receiving the proceeds from a winter wheat crop planted at the partial...

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