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SMITH v. MONTANA-DAKOTA UTILITIES

Civ. No. 83-5017.

575 F.Supp. 265 (1983)

Jay SMITH and Victor Sigdestad, Administrator of the Estate of Frieda Sigdestad, Deceased, and Victor Sigdestad, Plaintiffs, v. MONTANA-DAKOTA UTILITIES, Defendant and Third Party Plaintiff, v. GRAND CONSTRUCTION COMPANY, Wright-McLaughlin Engineers, A Partnership, and Lead-Deadwood Sanitary District No. 1, Third Party Defendants.

United States District Court, D. South Dakota, W.D.

December 7, 1983.

Attorney(s) appearing for the Case

Jerry Rachetto, Driscoll, Mattson, Rachetto & Christensen, Deadwood, S.D., Thomas G. Fritz, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, S.D., for defendant and third party plaintiff.

Frank J. Wallahan, Wallahan Law Offices, Rapid City, S.D., Grand Const. Co., third party defendant.

Robert F. LaFleur, LaFleur & LaFleur, Rapid City, S.D., for Wright-McLaughlin Engineers, a partnership, third party defendant.

Gerald D. Johnson, Banks & Johnson, Rapid City, S.D., for Lead-Deadwood, Sanitary District No. 1, third party defendant.

MEMORANDUM ORDER

BOGUE, Chief Judge.

This matter comes before the Court on Defendant Montana-Dakota Utilities, Inc.'s motion in limine to dismiss the allegation in Plaintiffs' complaint pertaining to punitive damages.1 For the following reasons, this Court denies Defendant's motion.

The parties to this action agree that SDCL 21-3-2 authorizes an award of punitive damages...

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