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NELSON v. ESTATE OF CAMPBELL

#29989.

987 N.W.2d 675 (2023)

2023 S.D. 14

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 March 15, 2023.

Attorney(s) appearing for the Case

DAVID L. CLAGGETT of Claggett & Dill, Prof. LLC, Spearfish, South Dakota, Attorneys for appellants John Nelson and Redwater Grazing Association.

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

KELLEN B. WILLERT of Bennett, Main, Gubbrud & Willert, P.C., Belle Fourche, South Dakota, ERIC DAVIS of Nelson Law, Sturgis, South Dakota, Attorneys for appellee Jared Capp.

[¶1.] The Estate of Gordon Campbell (Estate) sought to withdraw real property from the Redwater Grazing Association (Redwater), a cooperative grazing association, previously formed by several members, including Campbell, who had contributed property to Redwater. Another member of Redwater, John Nelson, asserted that the Estate...

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