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MUNDERLOH v. SEASTROM

No. 12640.

281 N.W.2d 274 (1979)

Henry MUNDERLOH, Plaintiff and Respondent, v. Oscar SEASTROM, Helen Seastrom, Bryce D. Nelson and Betty Nelson, Defendants and Third-Party Plaintiffs, Respondents, v. Sylvester M. SIMON and June M. Simon, Third-Party Defendants, Appellants.

Supreme Court of South Dakota.

Decided July 18, 1979.

Rehearing Denied August 23, 1979.

Attorney(s) appearing for the Case

Robert W. Gunderson of Gunderson, Farrar, Aldrich, Warder, DeMersseman & Johnson, Rapid City, for plaintiff and respondent.

Julius F. Sieler of Sieler, Sieler & Trimble, Rapid City, for defendants and third-party plaintiffs, respondents.

Robert W. Hirsch and James T. Goetz, of Goetz, Hirsch, Haar & Klimisch, Yankton, for third-party defendants, appellants.

WOLLMAN, Chief Justice.

This is an appeal from a judgment entered by the trial court pursuant to a remand by this court in appeals # 11868 and # 11904. Munderloh v. Seastrom, 270 N.W.2d 377 (S.D.1978). The Simons appeal from the final judgment entered by the trial court, alleging that the trial court misconstrued this court's previous opinion in this matter and failed to carry out the mandate of the court. We reverse and...

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