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CONTINENTAL CAS. CO. v. EMPLOYERS COM'L UNION INS. CO.

Civ. 71-74S.

344 F.Supp. 4 (1972)

CONTINENTAL CASUALTY COMPANY, a Corporation, Plaintiff, v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a Corporation, and Crane and Ordway Co., a Corporation, Defendants.

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

June 16, 1972.

Attorney(s) appearing for the Case

Donald J. Porter, of Martens, Goldsmith, May, Porter & Adam, Pierre, S. D., for plaintiff.

Ellsworth E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant Employers Commercial Union Ins. Co.

Bradley G. Bonynge, Wessington Springs, S. D., for defendant Crane and Ordway Co.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Plaintiff, Continental Casualty Company (Continental), seeks a declaratory judgment pursuant to 28 U.S.C.A. Secs. 2201 and 2202 determining the rights, status and legal relations between it and defendant Employers Commercial Union Insurance Company (Employers) as to certain insurance policies issued by them. There is diversity of citizenship and the matter in controversy exceeds $10,000 exclusive of interest and costs...

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