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KULM v. IDAHO FIRST NATIONAL BANK

Nos. 19883, 19884.

428 F.2d 616 (1970)

Allen KULM and Verna Kulm, Appellants, v. The IDAHO FIRST NATIONAL BANK, a Corporation, and John J. Asumendi, Appellees.

United States Court of Appeals, Eighth Circuit.

June 30, 1970.

Attorney(s) appearing for the Case

Morris Myers, Aberdeen, S. D., for appellants, and filed brief.

Raymond M. Schutz, of Agor, Siegel, Barnett, Schutz & O'Keefe, Aberdeen, S. D., for appellees, and filed brief.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

Allen and Verna Kulm, citizens of South Dakota, brought suit against John Asumendi and the Idaho First National Bank (hereinafter Bank), both citizens of Idaho, for damages arising out of an alleged negligent and fraudulent misrepresentation. Plaintiffs attempted to serve the defendants by delivery of summons upon the Secretary of State of South Dakota, pursuant to the South Dakota long arm statute, S.D.C.L. §§ 47-8-17 and 15-7-2 (1967...

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