Opinion
Considered on Briefs January 14, 1999;
Opinion Filed April 7, 1999.
Appeal from the First Judicial Circuit, Yankton County, SD, Hon. Lee A. Tappe, Judge, #20557 — Reversed.
Dennis C. McFarland, Sioux Falls, SD, Attorney for Plaintiff and Appellant.
Timothy L. James, James Associates, Yankton, SD, Attorneys for Defendant and Appellee.
[¶ 1] This is a companion case to Yankton Ethanol v. Vironment, 1999 SD 42, 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 U.S.C.S. 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.