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KIRKHAM, MICHAEL & ASSOC., INC. v. TRAVELERS INDEM. CO.

Civ. No. 70-27S.

361 F.Supp. 189 (1973)

KIRKHAM, MICHAEL & ASSOCIATES, INC., a corporation, Continental Casualty Company, a corporation, Plaintiffs, and The City of Rapid City, South Dakota, Involuntary Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, a corporation, and Maryland Casualty Company, a corporation, Defendants.

United States District Court, D. South Dakota, Southern Division.

July 20, 1973.

Attorney(s) appearing for the Case

Ronald W. Banks, of Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., and William G. Campbell, of Kutak, Rock, Campbell & Peters, Omaha, Neb., for plaintiffs.

Horace R. Jackson, of Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., for involuntary plaintiff.

F. M. Smith, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendant The Travelers Indemnity Co.

Sam W. Masten, Canton, S. D., for defendant Maryland Casualty Co.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This declaratory judgment action arises from the defendants', The Travelers Indemnity Company (Travelers) and Maryland Casualty Company (Maryland), refusal to defend the architectural and engineering firm of Kirkham, Michaels & Associates (KMA) in a suit filed in August, 1969, in the Circuit Court, Seventh Judicial Circuit, Pennington County, South Dakota, and styled...

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