DEFENDER v. CITY OF McLAUGHLIN, SOUTH DAKOTA

Civ. No. 968.

228 F.Supp. 615 (1964)

Donald DEFENDER, Plaintiff, v. The CITY OF McLAUGHLIN, a Municipal Corporation, of the State of SOUTH DAKOTA, Wallace Biederstedt, Defendants.

United States District Court D. South Dakota, N. D.

April 10, 1964.


Attorney(s) appearing for the Case

Joe L. Maynes, Aberdeen, S. D., for plaintiff.

W. A. Hackett, of Austin, Hinderaker & Hackett, Watertown, S. D., Bormann & Buckmeier of Mobridge, S. D., and Stanley E. Siegel of Agor, Siegel, Barnett & Schutz, Aberdeen, S. D., for defendant City of McLaughlin.

Robert L. Tschetter, McIntosh, S. D., and William R. Tschetter, Watford City, N. D., for defendant Wallace Biederstedt.


BECK, District Judge.

This is a motion for a summary judgment by which the City of McLaughlin seeks a dismissal of the action insofar as its interests are affected and this on a claim that there is no genuine issue as to any material fact and that the City is entitled to such a judgment as a matter of law.

As to the controlling facts there is no dispute. The amended complaint shows the City as a municipal corporation, organized, licensed and existing under...

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