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WATKINS PRODUCTS INC. v. LYTLE

No. 11663.

238 N.W.2d 299 (1976)

WATKINS PRODUCTS, INC., Plaintiff and Appellant, v. John Wayne LYTLE, also known as John W. Lytle, et al., Defendants and Respondents.

Supreme Court of South Dakota.

Decided February 6, 1976.

Attorney(s) appearing for the Case

Dudley R. Herman, of Herman & Wernke, Gregory, for plaintiff and appellant.

Charles Rick Johnson, of Johnson, Johnson & Eklund, Gregory, for defendants and respondents.

DUNN, Chief Justice.

Plaintiff appeals from an order of the circuit court dismissing this action for failure of prosecution by plaintiff. We affirm. The record reveals that plaintiff filed its summons and complaint on April 14, 1969, alleging that defendant John Wayne Lytle owed money on merchandise sold to him by plaintiff. Also named as defendants were the sureties who had signed the sales contract and had guaranteed payment. The defendants answered the complaint...

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