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MAYOU v. FERGUSON

No. CIV 06-1019.

544 F.Supp.2d 899 (2008)

2008 DSD 8

Scott A. MAYOU, Plaintiff, v. Gary Gene FERGUSON and Serocki Excavating, Inc., Defendants.

United States District Court, D. South Dakota, Northern Division.

March 31, 2008.

Attorney(s) appearing for the Case

Lee A. Schoenbeck, Schoenbeck Law, Watertown, SD, for Plaintiff.

William G. Beck, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, for Defendants.

ORDER AND OPINION

KORNMANN, District Judge.

[¶ 1] Before the court is a motion by defendants to strike a report from a rebuttal expert witness, Dr. Donald J. Frisco, and to prohibit the witness from testifying at trial as to his "rebuttal opinions." The parties were unable to resolve the dispute informally and thus brought the dispute to the court. The issues have been thoroughly briefed and argued.

[¶ 2] The parties met early on in the...

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