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BRASEL v. MYERS

Nos. 11520, 11532.

229 N.W.2d 569 (1975)

James BRASEL and Agnes Brasel, Plaintiffs and Appellants, v. Homer MYERS and Jack Paul Myers, Defendants and Appellants, v. CITY OF PIERRE, a municipal corporation, Defendant and Respondent.

Supreme Court of South Dakota.

May 23, 1975.

Attorney(s) appearing for the Case

Bradley G. Bonynge, Wessington Springs, for plaintiffs and appellants.

May, Porter, Adam, Gerdes & Thompson, Pierre, for defendants and appellants.

Stephens, Riter, Mayer & Hofer, Pierre, for defendant and respondent.

DOYLE, Justice.

This case has been previously before us and was disposed of on a procedural basis. Brasel v. City of Pierre, 1973, S.D., 211 N.W.2d 846. Any facts set forth in our previous opinion will not be reiterated herein. Pursuant to the remand of this court, the summary judgment heretofore entered by the trial court has been certified as being a final judgment of that court, and...

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