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FRIES v. STIEBEN

No. CIV 77-5019.

455 F.Supp. 1204 (1978)

Rodney FRIES, Special Administrator of the Estate of Linda Fries, Deceased, v. Ralph STIEBEN, Kathleen Halley, and the Chicago and Northwestern Transportation Company.

United States District Court, D. South Dakota.

September 13, 1978.

Attorney(s) appearing for the Case

David P. Olson, Rapid City, S. D., for plaintiff.

Arlo D. Sommervold, Sioux Falls, S. D., Donald R. Shultz, Rapid City, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

Defendants, Ralph A. Stieben and the Chicago and Northwestern Transportation Company, have moved this Court for a judgment on the pleadings or in the alternative partial summary judgment as to Plaintiff's second cause of action on the grounds that the damages alleged in that cause of action (survival action) are recoverable under Plaintiff's first cause of action (wrongful death). Defendants argue that if summary...

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