Tri-State Refining & Investment Co. v. Apaloosa Co.

MORGAN, Justice.

This joint appeal stems from the litigation as reported in Tri-State Refining v. Apaloosa Company, 431 N.W.2d 311 (S.D.1988) (Tri-State I), which decision is referred to for some of the background of this appeal. Apaloosa Company, a South Dakota Business Trust; Sioux Enterprises-Lorentz Opdahl; and Lorentz Opdahl (collectively referred to as Opdahl unless otherwise noted) are appellants and Tri-State Refining and Investment Company, Inc. (Tri-State) is the appellee. Opdahl jointly appeals from the decisions in two separate proceedings. The first is an adverse order entered in…