Alyssa BLACK BEAR and Kelsey Walking Eagle-Espinosa, Plaintiffs and Appellants,
v.
MID-CENTRAL EDUCATIONAL COOPERATIVE, a Cooperative Educational Service Unit; American Indian Institute for Innovation; a Non-Profit Corporation, Joanne Farke; Brandon York; Pamela Haukaas; Nicole Bamberg; Tim Neugebauer; David Schoemaker; Todd Reinish; Bill Mathis; Dave Merrill; Tess Starr; Lloyd Persson; Carmen Weber; James Munsen; Richard Peterson; Chris Vander Werff; Tammy Olson; Tonya Vaneye; Shirley Pederson; Ryan Youngstrom; Tanya Aldrich; Chris Eyre; Stacy Phelps; Daniel Guericke, the Estate of Scott Westerhuis, by and through its Personal Representative, First Dakota National Bank; and the Estate of Nicole Westerhuis, by and through its Personal Representatives George Fish and Karen Fish, Defendants and Appellees.
Mid-Central Educational Cooperative, a Cooperative Education Service Unit, Third-Party Plaintiff and Appellee,
v.
Schoenfish & Co., Inc., Third-Party Defendant.
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RYLAND L. DEINERT , RENE CHARLES LAPIERRE of Klass Law Firm, LLP, Sioux City, Iowa, and SCOTT SWIER of Swier Law Firm, LLC, Sioux Falls, South Dakota, Attorneys for defendant and appellee Mid-Central Educational Cooperative.
SAMUEL D. KERR of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, South Dakota, and MICHAEL L. LUCE of Lynn, Jackson, Shultz & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for Joanne Farke; Brandon York; Pamela Haukaas; Nicole Bamberg; Tim Neugebauer; David Schoemaker; Todd Reinish; Bill Mathis; Dave Merrill; Tess Starr; Lloyd Persson; Carmen Weber, James Munsen; Richard Peterson; Chris Vander Werff; Tammy Olson; Tonya Vaneye; Shirley Pederson; Ryan Youngstrom; and Tanya Aldrich.
QUENTIN L. RIGGINS , KATELYN A. COOK of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees American Indian Institute for Innovation and Chris Eyre.
TERRY PECHOTA of Pechota Law Office, Rapid City, South Dakota, Attorneys for defendant and appellee Stacy Phelps.
ERIC J. STEINHOFF of Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, Minnesota, Attorneys for defendant and appellee Daniel Guericke.
TRUDY A. MORGAN , RICHARD J. RYLANCE, II of Morgan Theeler, LLP, Mitchell, South Dakota, Attorneys for defendant and appellee The Estate of Scott Westerhuis, by and through its Personal Representative, First Dakota National Bank.
REBECCA L. WILSON of Myers Billion, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee The Estate of Nicole Westerhuis, by and through its Personal Representatives George Fish and Karen Fish.
GILBERTSON, Chief Justice.
[¶1.] Students sued various defendants to recover for lost funding for services denied to them under the GEAR UP program due to mismanagement and embezzlement. The circuit court denied summary judgment on several motions by defendants before finding the students' claims preempted by federal law and dismissing the...
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