CITY OF SIOUX FALLS v. GRAFF

PER CURIAM.

This appeal is ruled by the decision today filed in Great Northern Railway Co. v. Graff et al., 71 S.D. 595, 28 N.W.2d 77. The judgment of the trial court is affirmed.

WOHLHETER, Circuit Judge, sitting for POLLEY, J.

ROBERTS, RUDOLPH, and SMITH, JJ., and WOHLHETER, Circuit Judge, concur.

SICKEL, P.J., dissents.