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HAGBERG v. CITY OF SIOUX FALLS

Civ. No. 67-68S.

281 F.Supp. 460 (1968)

Roy HAGBERG, Guardian of the Person and Estate of Glenn F. Hagberg, a Minor, Plaintiff, v. CITY OF SIOUX FALLS, a Municipal Corporation, Defendant.

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

March 12, 1968.

Attorney(s) appearing for the Case

John E. Burke, R. G. May and Gale Fisher, of May, Boe & Johnson, of Sioux Falls, S. D., for plaintiff.

F. M. Smith and A. D. Sommervold, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This case is now before this court on defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. According to the allegations of the complaint, the defendant, City of Sioux Falls, on or about the 17th day of May, 1965, contracted with one Duane W. Fanebust to construct certain sanitary sewer lines within the City. Further, it is alleged that sometime later Fanebust, pursuant...

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