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A lawyer for actor Kevin Costner has asked the South Dakota Supreme Court to affirm a ruling that he did not breach a contract with an artist whom he commissioned to produce a bronze sculpture of bison and American Indians.

The Hollywood superstar paid Peggy Detmers $300,000 to make the sculpture in the 1990s for a resort he planned in South Dakota's Black Hills. The resort was never built and he instead placed the sculpture at his Tatanka attraction near Deadwood.

A lower court judge ruled last summer that this alternative placement did not constitute a breach of contract. Costner's lawyer, Kyle Wiese, on Monday asked the Supreme Court justices to affirm that decision.

Costner filmed much of his Academy-Award-winning movie "Dances with Wolves" in South Dakota.


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