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WESTERN CAS. & SUR. CO. v. WAISANEN

Civ. No. 85-5192.

653 F.Supp. 825 (1987)

WESTERN CASUALTY & SURETY COMPANY, Plaintiff, v. Sally WAISANEN and Charles H. Waisanen; Security Mutual Life Insurance Company; the City of Deadwood, a municipal corporation; and Rural Security Life Insurance Company, Defendants.

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

February 12, 1987.

Attorney(s) appearing for the Case

Edward C. Carpenter, Rapid City, S.D., for plaintiff.

Wayne F. Gilbert, Rapid City, S.D., for City of Deadwood.

Dennis Finch, Rapid City, S.D., for Waisanens.

Allen G. Nelson, Rapid City, S.D., for Sec. Mut. Life.

Tom Fritz, Rapid City, S.D., for Rural Sec. Life.

MEMORANDUM OPINION

BATTEY, District Judge.

I

PROCEDURAL HISTORY

The plaintiff, Western Casualty & Surety Company (hereafter referred to as Western), is the insurer of the defendant, City of Deadwood (hereafter referred to as the City), under a standard and an umbrella liability insurance policy. In this declaratory judgment action Western seeks to determine whether it is obligated to defend a South Dakota state court action brought...

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