Swenson v. Sanborn County Farmers Union Oil Co.

DOBBERPUHL, Circuit Judge.

[¶ 1.] This matter arose in 1994 as an action by Doug and Dan Swenson (Swen-sons) seeking damages from Sanborn County Farmers Union Oil Company and Cenex/Land O’Lakes Agronomy Company (Companies) for alleged ineffective applications of herbicide to Swensons’ fields. After a period of initial discovery, Companies moved for dismissal for failure to prosecute pursuant to SDCL 15-6-41(b) and SDCL 15-11-11. The trial court granted Companies’ motion and disnjissed the matter. We reverse and remand.

FACTS

[¶ 2.] Swensons contacted Sanborn County Farmers Union Company…