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LARIVE v. UNITED STATES

Civ. No. 67-40S.

318 F.Supp. 119 (1970)

Nels LARIVE, Plaintiff, v. UNITED STATES of America and Jerry Lindstrom, d/b/a Lindstrom Construction Company, Defendants.

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

October 9, 1970.

Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for plaintiff.

William F. Clayton, U. S. Atty., Sioux Falls, S. D., and Eugene N. Hamilton, Dept. of Justice, Washington, D. C., for the United States.

Reddish, Fiebig & Curtiss, by A. T. Reddish, Alliance, Neb., assisted by Franklin J. Wallahan, Rapid City, S. D., for Lindstrom Const. Co.

DECISION

BECK, District Judge.

This action having been commenced under the Federal Tort Claims Act 28 U.S.C. § 1346(b), and settled in the course of the trial as between the plaintiff and the government at $351,000, it is now the position of the latter that it, under its contract with Lindstrom, the other defendant, can and should be indemnified to that extent, besides its attorney fees and costs to be allowed should this proceeding be favorable to...

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