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SABAG v. CONTINENTAL SOUTH DAKOTA

No. 14526.

374 N.W.2d 349 (1985)

Kurt SABAG, Plaintiff and Appellee, v. CONTINENTAL SOUTH DAKOTA and CFS Continental, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 4, 1985.

Attorney(s) appearing for the Case

Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee; Monte R. Walz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendants and appellants.

HENDERSON, Justice.

ACTION

This is an appeal from a jury award of $65,000 in a malicious prosecution action. The trial court entered judgment upon the jury verdict and denied appellants' motions for a new trial and judgment notwithstanding the verdict. We affirm in part, reverse in part, and remand for a new trial.

FACTS

Kurt Sabag, plaintiff-appellee (Sabag), was employed as a salesman by Continental

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