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JACK RABBIT LINES v. NEOPLAN COACH SALES

No. 19416.

551 N.W.2d 18 (1996)

1996 SD 80

JACK RABBIT LINES, INC., Plaintiff and Appellee, v. NEOPLAN COACH SALES, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 1996.

Rehearing Denied August 6, 1996.

Attorney(s) appearing for the Case

Tim R. Shattuck of Woods, Fuller, Shultz & Smith, Sioux Falls, and A. Russell Janklow of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, for plaintiff and appellee.

Carl J. Koch, Mitchell, for defendant and appellant.

SABERS, Justice.

[¶ 1] Neoplan appeals a damage award of $187,750, claiming jury instructions were erroneous or not supported by the evidence. We affirm.

FACTS

[¶ 2] Jack Rabbit purchased two used double-decker buses, 1981 Neoplan Skyliners, from Neoplan for $403,000 in 1987. Neoplan had assured Jack Rabbit that the Skyliners would meet federal and state weight limits and represented that they were recently refurbished and the engines rebuilt...

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