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NELSON v. ESTATE OF CAMPBELL

#29254.

963 N.W.2d 560 (2021)

2021 S.D. 47

John NELSON, Plaintiff and Appellant, v. ESTATE OF Gordon CAMPBELL, Defendant, Third-Party Plaintiff and Appellee, v. Redwater Grazing Association, Inc., a South Dakota Cooperative Grazing District, Third-Party Defendant, Fourth-Party Plaintiff and Appellant, v. Jared Capp, Fourth-Party Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED August 11, 2021.

Attorney(s) appearing for the Case

DAVID L. CLAGGETT , of Claggett & Dill, Prof. LLC, Spearfish, South Dakota, Attorneys for plaintiff, fourth-party plaintiff, and appellants.

ROGER A. TELLINGHUISEN , NATHAN R. CHICOINE , of DeMersseman, Jensen, Tellinghuisen, & Huffman, LLP, Rapid City, South Dakota, Attorneys for defendant, third-party plaintiff, and appellee, Estate of Gordon Campbell.

KELLEN B. WILLERT , of Bennett, Main, Gubbrud, & Willert, P.C., Belle Fourche, South Dakota, Attorneys for fourth-party defendant and appellee, Jared Capp.

[¶1.] After one of three founding members of a cooperative grazing association passed away, his estate invoked a provision of the association's bylaws to withdraw previously-contributed real estate and sell it to a third party. Another member objected, asserting: 1) the estate was contractually obligated to sell the real estate...

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