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Cite Maintainence by South Dakota Continuing Legal Education, Inc. 222 E. Capitol Avenue Pierre, SD 57501 1-800-952-2333 LINDA REHM and RUSSELL REHM, Plaintiffs and Appellants, v. ELDON LENZ and West River Mental Health Center, a/k/a Behavior Management Systems, Defendants and Appellees, South Dakota Supreme Court Appeal from the Seventh Judicial Circuit, Pennington County, SD Hon. John W. Bastian, Judge #19201 -- Affirmed in Part, Reversed in Part. Steven C. Beardsley, Mary A. Gubbrud Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, SD Attorneys for Plaintiffs and Appellants. Robert L. Lewis, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, SD Attorneys for Defendant and Appellee Eldon Lenz. J. Crisman Palmer, Talbot J. Wieczorek Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD Attorneys for Defendant and Appellee West River Mental Health Center. Considered on Briefs January 11, 1996; Opinion Filed May 8, 1996 [¶1] MILLER, Chief Justice, delivers the majority opinion of the Court on that part of Issue I which applies a six-year statute of limitations to the claims against Lenz and reverses and remands for trial the summary judgment in favor of Lenz, and on Issue II. [¶2] SABERS, Justice, delivers the majority opinion of the Court on that part of Issue I holding that the two-year medical malpractice statute of limitations applies to a psychologist treating depression. [¶3] MILLER, Chief Justice, writing the majority opinion on that part of Issue I which applies a sixyear statute of limitations to the claims against Lenz and reverses and remands for trial the summary judgment in favor of Lenz, and on Issue II. [¶4] Linda Rehm and Russell Rehm appeal from an order granting summary judgment to psychologist Eldon Lenz and granting partial summary judgment to his former employer West River Mental Health Center (West River). We affirm in part, reverse in part, and remand. FACTS [¶5] The facts of this case are nearly identical to those which gave rise to Richards v. Lenz, 539 NW2d 80

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(SD 1995). Both cases involve the claims of a husband and wife who received therapy from Lenz while he worked for West River. The various claims are based on Lenz

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