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COMMERCIAL TRUST AND SAV. BANK v. CHRISTENSEN

Nos. 18909, 18915.

535 N.W.2d 853 (1995)

COMMERCIAL TRUST AND SAVINGS BANK as Administrator with Will Annexed of the Estate of Carrie Martin, Deceased, Plaintiff and Appellee, v. Russell V. CHRISTENSEN and Peter M. Christensen, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 12, 1995.

Rehearing Denied August 16, 1995.

Attorney(s) appearing for the Case

John L. Morgan of Morgan, Theeler, Cogley & Peterson, Mitchell, for plaintiff and appellee.

Wally Eklund of Johnson, Eklund, Nicholson, Dougherty & Abourezk, Gregory, for defendants and appellants.

MILLER, Chief Justice.

Appellants Russell V. Christensen and Peter M. Christensen (Christensens) appeal the trial court's grant of summary judgment to Appellee Commercial Trust & Savings Bank (Bank), the award of costs for expenses incurred by a potential witness, and the denial of restitution for improvements made to leased property. By notice of review, Bank claims Christensens were not entitled to restitution for...

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