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DAKOTA PLAINS AG CENTER, LLC v. SMITHEY

No. 24976.

772 N.W.2d 170 (2009)

2009 SD 78

DAKOTA PLAINS AG CENTER, LLC, and Nationwide Agribusiness, Plaintiffs and Appellees, v. Marcia SMITHEY, as personal representative of the Estate of Edward Smithey, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 26, 2009.

Attorney(s) appearing for the Case

Mark J. Arndt of May & Johnson, P.C. Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Kenneth D. Bertsch of Bertsch Law Office, P.C., Menno, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Nationwide Agribusiness (Nationwide) petitioned for Declaratory Judgment in which it sought to have the First Judicial Circuit Court determine its rights under a workers' compensation lien to proceeds from a wrongful death settlement approved by an order of the Federal District Court for the District of South Dakota. The federal district court's order allocated damages between pecuniary loss damages and economic loss damages...

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