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C M, INC. v. CANADIAN INDEM. CO.

No. CIV 78-5080.

482 F.Supp. 780 (1980)

C M, INC., a corporation v. The CANADIAN INDEMNITY CO., etc., et al.

United States District Court, D. South Dakota.

January 14, 1980.

Attorney(s) appearing for the Case

Charles M. Thompson, Pierre, S. D., for plaintiff.

Joseph M. Butler, James W. Olson, Gene R. Bushnell, Rapid City, S. D., A. P. Fuller, Lead, S. D., Brian B. Meyer, Onida, S. D., Mark J. Feinberg, Minneapolis, Minn., Ronald W. Banks, Gene N. Lebrun, Rapid City, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

This case concerns an attempt by plaintiff, C M, Inc. (hereinafter C M) to recover certain insurance proceeds under a comprehensive business liability policy issued by defendant Canadian Indemnity Company (hereinafter C. I.) to C M. The facts surrounding this case are set out below.

In March of 1974, C M entered into a contract with defendant Homestake Mining Company (hereinafter Homestake) whereby C M was...

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