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BLACK HILLS SURGICAL PHYSICIANS v. SETLIFF

Nos. 26730, 26749.

855 N.W.2d 407 (2014)

2014 S.D. 68

BLACK HILLS SURGICAL PHYSICIANS, LLC, Plaintiff and Appellant, v. Reuben C. SETLIFF, III, Defendant and Appellee.

Supreme Court of South Dakota.

September 24, 2014.

Attorney(s) appearing for the Case

Stephen C. Hoffman, Heather Lammers Bogard, Jess M. Pekarski of Costello Porter Hill Heisterkamp Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Michael C. Loos of Clayborne, Loos, & Sabers, LLP, Rapid City, South Dakota, Attorneys for Larry Teuber, MD.

Kent R. Cutler, Kimberly R. Wassink, Joseph M. Dylla of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal seeking to vacate an arbitration award, we examine whether the arbitrator exceeded her powers.

Background

[¶ 2.] In May 2012, Dr. Reuben C. Setliff, III, brought suit in circuit court against Drs. Larry Teuber, Pat Tlustos, Jim Shea, Jim Scherrer, Lew Papendick, and Jay Hammerquist (Managers) individually and in their capacities as members of the management...

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