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LEUNING v. DORNBERGER INS., INC.

No. 11683.

250 N.W.2d 675 (1977)

Wilfred D. LEUNING, d/b/a Ellis Grain Company, Plaintiff and Appellant, v. DORNBERGER INSURANCE, INC., et al., Defendants and Respondents.

Supreme Court of South Dakota.

February 10, 1977.

Attorney(s) appearing for the Case

Frank P. Gibbs, Sioux Falls, for plaintiff and appellant.

Timothy J. Nimick, Woods, Fuller, Shultz & Smith, Sioux Falls, for Dornberger Ins., Inc.

Carleton R. Hoy, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Westchester Fire Ins. Co., Western Nat. Mut. Ins. Co. and Agricultural Ins. Co.

ZASTROW, Justice (on reassignment).

This action brought by plaintiff, Leuning, was for collection under the various insurance policies issued by defendants for loss of rents, attorney's fees awardable under SDCL 58-12-3, and costs of the suit. Plaintiff is presently appealing from an order issued by the trial court dismissing the suit. We reverse.

Plaintiff was the owner of an ironclad elevator located in Ellis, Minnehaha County, South Dakota. The structure...

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