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AMERICAN UNIV. INS. v. WHITEWOOD CUSTOM TREATERS

Civ. No. 88-5029.

707 F.Supp. 1140 (1989)

AMERICAN UNIVERSAL INSURANCE COMPANY; and Minnesota Mutual Fire and Casualty Company, Plaintiffs, v. WHITEWOOD CUSTOM TREATERS, INC., a corporation; Merlin Aker; and Darlene Aker, Defendants.

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

February 24, 1989.

Attorney(s) appearing for the Case

William G. Porter, Patricia Meyers, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, S.D., for plaintiffs.

Ronald Clabaugh, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S.D., for defendant Akers.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

NATURE AND PROCEDURAL HISTORY

On November 7, 1986, a negligence action was filed in circuit court, Eighth Judicial Circuit, Lawrence County, South Dakota, by Merlin Aker and Darlene Aker (Akers) against Whitewood Custom Treaters (Whitewood). An amended complaint was filed on August 18, 1988. The amended complaint alleged three causes of action: Count I, negligence; Count II, nuisance; and Count...

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