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SHEPARD v. MILBANK MUT. INS. CO.

No. CIV75-5070.

437 F.Supp. 744 (1977)

Doreen SHEPARD, Special Administrator of the Estate of Michelle Schmitz, Deceased v. MILBANK MUTUAL INSURANCE COMPANY, a corporation.

United States District Court, D. South Dakota.

October 3, 1977.

Attorney(s) appearing for the Case

Lynden D. Levitt, Rapid City, S. D., for plaintiff.

Gene R. Bushnell, Rapid City, S. D., for defendant.

MEMORANDUM OPINION

BOGUE, District Judge.

The present controversy comes before the Court on depositions, stipulated facts and the testimony of one witness. The controversy arose when Defendant, Milbank Mutual Insurance Company, denied liability and refused to defend a claim on behalf of its insured, Harry H. Grass. The claim grew out of an accident which occurred on March 3, 1974, and which resulted in the death of a three year old child. Defendant Milbank...

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