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ALONE v. C. BRUNSCH, INC.

28688.

931 N.W.2d 707 (2019)

2019 S.D. 41

Jennifer Chase ALONE, as the Personal Representative of Elfreda Ann Takes War Bonnett, Deceased, Plaintiff, v. C. BRUNSCH, INC., a South Dakota Corporation, doing business as Lakota Plains Propane, Inc., Defendant, Third-Party Plaintiff, and Appellant, and Western Cooperative Company, Inc., a Nebraska corporation, Defendant and Third-Party Plaintiff, v. Oglala Sioux Lakota Housing Authority, Richard Hill, Derek Janis, Wes Cottier, William White, Ben Plenty Arrows, Renaldo Two Bulls, Brandon Wes, Derek Slim, Robin T. (last name unknown), and John and Jane Doe 1-100, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED July 10, 2019.

Attorney(s) appearing for the Case

ROBERT J. GALBRAITH , JOHN K. NOONEY of Nooney & Solay, LLP, Rapid City, South Dakota, Attorneys for defendant, third-party plaintiff, and appellant.

EVAN THOMPSON of Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana, MARK F. MARSHALL of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for appellees.

[¶1.] Third-party defendants, who are enrolled tribal members and a tribal housing authority, moved to dismiss a complaint filed against them for tortious conduct occurring exclusively on the Pine Ridge Indian Reservation. After a limited evidentiary hearing, the circuit court concluded it lacked jurisdiction and granted the...

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