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SCHUMAKER v. SOMMER

Civ. No. 73-3032 and 73-3033.

386 F.Supp. 618 (1974)

Lawren V. SCHUMAKER, Plaintiff, v. Maynard SOMMER et al., Defendants, State of South Dakota, Acting by and through the Department of Transportation for the Division of Highways, Applicant for Intervention. Darlene SCHUMAKER, Plaintiff, v. Maynard SOMMER et al., Defendants, State of South Dakota, Acting by and through the Department of Transportation for the Division of Highways, Applicant for Intervention.

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

December 16, 1974.

Attorney(s) appearing for the Case

Charles Poches, Jr., Fort Pierre, S. D., and James A. Dumas, Los Angeles, Cal., appeared in behalf of the plaintiffs.

R. C. Riter, Stephens, Riter, Mayer & Hofer, and Warren W. May, Martens, Goldsmith, May, Porter & Adam, Pierre, S. D., appeared in behalf of the defendants.

Carl W. Quist and Camron Hoseck, Asst. Attys. Gen., Pierre, S. D., appeared in behalf of the State of South Dakota.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Both of these diversity cases arise from the same event. In August of 1972, the plaintiff in CIV 73-3033, Darlene Schumaker, was driving a 1972 Dodge van north on South Dakota highway No. 83, approximately nine miles south of Mission, South Dakota. Her husband, Lawren V. Schumaker, plaintiff in CIV 73-3032, was a passenger in the van. Mr. Schumaker in his suit seeks damages for loss of consortium and property loss...

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