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STERN OIL COMPANY, INC. v. BROWN

27937, 27948.

908 N.W.2d 144 (2018)

2018 S.D. 15

STERN OIL COMPANY, INC., Plaintiff and Appellant, v. James R. BROWN d/b/a Exxon Goode To Go and Freeway Mobil, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED February 14, 2018.

Attorney(s) appearing for the Case

MICHAEL D. BORNITZ , KENT R. CUTLER , KIMBERLY R. WASSINK of Cutler Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

RONALD A. PARSONS, JR. of Johnson, Janklow, Abdallah & Reiter, LLP, Attorneys for defendants and appellees.

MATTHEW S. McCAULLEY , LISA M. PROSTROLLO , JON HANSEN of Redstone Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] This is the second appeal to this Court from a breach of contract action by Stern Oil Company, Inc. (Stern Oil) against James R. Brown (Brown). In Stern Oil Co., Inc. v. Brown (Stern Oil I), 2012 S.D. 56, 817 N.W.2d 395, Brown appealed a judgment awarding Stern Oil over...

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