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HALVORSEN v. DUNLAP

No. 73-1123.

495 F.2d 817 (1974)

Arvid HALVORSEN, Special Administrator of the Estate of Bjorgulv Underdal, Deceased, Appellee, v. Dennis D. DUNLAP and Frank Parker, d/b/a Marv's Conoco, and Continental Oil Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1974.

Attorney(s) appearing for the Case

Ronald Clabaugh, Bangs, McCullen, Butler, Foye and Simmons, Rapid City, S. D., for appellants.

Kelton S. Lynn, Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., for appellee.

Before HEANEY, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

The principal issue on this appeal involves an interpretation of the term "pecuniary injury" in the South Dakota wrongful death statute. South Dakota Comp.Laws Ann. § 21-5-7 (1969).1

This diversity wrongful death action was instituted in the United States District Court for the District of South Dakota by Arvid Halvorsen, Special Administrator of the estate of Bjourgulv Underdal, for the benefit...

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