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AETNA CAS. & SUR. v. BUTTE-MEADE SANITARY WATER

No. CIV 77-5034.

500 F.Supp. 193 (1980)

AETNA CASUALTY AND SURETY CO., a Corporation, v. BUTTE-MEADE SANITARY WATER DISTRICT, a South Dakota Corporation.

United States District Court, D. South Dakota.

November 5, 1980.

Attorney(s) appearing for the Case

Francis M. Smith, Sioux Falls, S. D., for plaintiff.

Gregory Eiesland, Rapid City, S. D., Terence R. Quinn, Belle Fourche, S. D., for defendant.

MEMORANDUM OPINION

BOGUE, Chief Judge.

This is an action brought by Aetna Casualty and Surety Company, Inc. (Plaintiff), the bonding agent for J. F. Brunken and Sons, Inc. (Brunken), against Butte-Meade Sanitary Water District (Defendant) to recover payments retained by Defendant under two construction contracts entered into between Defendant and Brunken on August 14, 1968. Defendant has counterclaimed asking for judgment against Plaintiff in the amount...

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