Vironment, Inc. v. Light, 20557

Decision Date14 January 1999
Docket NumberNo. 20557,20557
Citation592 N.W.2d 600,1999 SD 43
PartiesVIRONMENT, INC., Plaintiff and Appellant, v. Charles E. LIGHT, Defendant and Appellee. . Considered on Briefs
CourtSouth Dakota Supreme Court

Dennis C. McFarland, Sioux Falls, South Dakota, for plaintiff and appellant.

Timothy L. James of James & Associates, Yankton, South Dakota, for defendant and appellee.

AMUNDSON, Justice.

¶1 This is a companion case to Yankton Ethanol v. Vironment, # 20558, the cases involve identical facts and two identical issues:

1. Whether the court erred in dismissing plaintiff's complaint as barred by the period of limitation set forth in 11 USCS 546(a)(1)(A).

2. Whether the court erred in granting the amended motion to dismiss based upon SDCL 47-7-50.

As to these issues, our decision in Yankton Ethanol controls the motion to dismiss in this case. Therefore, this case is also reversed and remanded

¶2 MILLER, Chief Justice, SABERS, KONENKAMP, and GILBERTSON, Justices, concur.

To continue reading

Request your trial
1 cases
  • State v. Hirning
    • United States
    • Supreme Court of South Dakota
    • 24 Febrero 1999
    ...... reasonable inferences which he is entitled to draw from the facts in light of his experience.         Terry, 392 U.S. at 27, 88 S.Ct. at 1883 ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT