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DUNCAN v. PENNINGTON COUNTY H. A.

Nos. 12235, 12248.

283 N.W.2d 546 (1979)

Coyle W. DUNCAN, Plaintiff, Respondent and Cross-Appellant, v. PENNINGTON COUNTY HOUSING AUTHORITY, Aukerman and Mazourek, Inc., Dan J. Brutger, John A. Wahl, Richard E. Schreifels, Norman A. Beekley, Joel Marthaler, Don Schaefer, Gary Nelson, Dale Barck, and Tom Rentz, Defendants. AUKERMAN AND MAZOUREK, INC., Defendant, Third Party Plaintiff, Appellant and Cross-Respondent, v. DAN J. BRUTGER, INC., Third Party Defendant.

Supreme Court of South Dakota.

September 26, 1979.

Attorney(s) appearing for the Case

Robert L. Varilek and David P. Olson, Rapid City, for plaintiff, respondent and cross-appellant.

Robert A. Warder of Gunderson, Farrar, Aldrich, Warder & De Mersseman, Rapid City, for defendant, third party plaintiff, appellant and cross-respondent.

WOLLMAN, Chief Justice (on reassignment).

These are appeals from the judgment entered on a jury verdict in favor of plaintiff and respondent, Coyle W. Duncan (Duncan), against defendant and appellant, Aukerman and Mazourek, Inc. (appellant), the sole non-settling defendant at trial of the matter. Appellant's third-party action against Dan J. Brutger was severed by the trial court from the trial of the primary case. In appeal # 12235, appellant appeals from the judgment...

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