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SHAEFFER v. CITY OF CANTON

Civ. No. 71-41S.

337 F.Supp. 479 (1972)

James SHAEFFER, by his guardian, Patrick Shaeffer, Plaintiff, v. The CITY OF CANTON, a Municipal Corporation in and for the State of South Dakota, and Leon Yelinek, Defendants.

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

February 14, 1972.

Attorney(s) appearing for the Case

Sam W. Masten, Canton, S. D., for plaintiff.

Acie W. Matthews, of Willy, Pruitt & Matthews, Sioux Falls, S. D., for defendants.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This Court has before it two motions. The first is plaintiff's motion for leave to amend paragraph seven of his complaint to include an allegation that notice of the injury was given to the defendant city within a reasonable time under all the circumstances. That motion is granted.

The second is the defendant, City of Canton's, motion for summary judgment. Rule 56 of the Federal Rules of Civil Procedure requires...

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