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THE MARYLAND v. SANDIDGE

Nos. 80-1750, 80-1773.

652 F.2d 8 (1981)

THE MARYLAND, a Corporation, Appellant, v. Bruce SANDIDGE, Appellee. Rapid City Implement Company. THE MARYLAND, a Corporation, Appellee, v. Bruce SANDIDGE, Appellant, Rapid City Implement Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1981.

Attorney(s) appearing for the Case

David P. Olson, Rapid City, S. D., for The Maryland.

Reed C. Richards, argued, Deadwood, S. D., for Bruce Sandidge; Stephen C. Hoffman, Silver City, S. D., on brief.

George Beal, Rapid City, S. D., for Rapid City Implement Co.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and BECKER, Senior District Judge.

LAY, Chief Judge.

Bruce Sandidge, a western South Dakota logger, leased a 1972 paylogger from Rapid City Implement. Two days later, while being used by Sandidge in his logging business, the machine was damaged by fire. An independent adjusting firm valued the undamaged paylogger at $14,195 and received no salvage bids to purchase the damaged machine. The machine was eventually sold for salvage to the Rapid City Implement Company for $2,000. The Maryland, an insurance...

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