Sioux Enterprises, Minnesota v. Tri-State Refining Co.

HENDERSON, Justice.

PROCEDURAL HISTORY

This case concerns issues that were raised, or should have been raised, in Tri-State Refining and Inv. Co., Inc. v. Apaloosa Co., 431 N.W.2d 311 (S.D.1988) (Tri-State I). It should be noted that after remand, we heard this case again in Tri-State Refining and Inv. Co., Inc. v. Apaloosa Co., 452 N.W.2d 104 (S.D.1990).

Tri-State I was an action filed by TriState, as the real party in interest after Robert Hoff conveyed his rights to it in 1981 (Tri-State I, at 313). The complaint, often amended, alleged that Lorentz Op-dahl (and Apaloosa, a trust he had…