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CURTIS v. VLOTHO

No. 13244.

313 N.W.2d 469 (1981)

Bob CURTIS, Plaintiff and Appellant, v. Emery VLOTHO, Defendant, and Jerry Feurhelm, Frank Seitzinger, and Robert Seegers, Defendants and Appellees, and Ted Jensen, Defendant.

Supreme Court of South Dakota.

Decided December 16, 1981.

Rehearing Denied January 14, 1982.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

Gene Lebrun of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellee Feurhelm.

Ann C. Jones of Banks & Johnson, Rapid City, for defendants and appellees Seitzinger and Seegers; Ronald W. Banks of Banks & Johnson, Rapid City, on the brief.

MILLER, Circuit Judge.

This is an action in which Bob Curtis, appellant, seeks to hold the corporate directors of American Pork Producers, Inc., appellees, personally liable for an insufficient funds check drawn on the corporate bank account. The trial court refused to hold the directors personally liable and denied appellant any recovery thereon. We reverse and remand for further proceedings.

FACTS

Appellant is president and manager of Bob Curtis...

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