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GOLDEN REWARD MIN. CO. v. JERVIS B. WEBB CO.

No. Civ. 90-5130.

772 F.Supp. 1118 (1991)

The GOLDEN REWARD MINING COMPANY, a joint venture comprised of United Coin Mines Limited, an Ontario, Canada corporation, Moruya Gold Mines of North America, Inc., a Nevada corporation, and Helix Mining Inc., a Delaware corporation, Plaintiffs, v. JERVIS B. WEBB COMPANY, a Michigan corporation, Defendant.

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

September 4, 1991.

Attorney(s) appearing for the Case

Gregory A. Eiesland, Rapid City, S.D., Max Main, Belle Fourche, S.D., for plaintiffs.

Jerry C. Rachetto, Deadwood, S.D., James R. Buschmann, Detroit, Mich., Roger A. Tellinghuisen, Lead, S.D., for defendant.

MEMORANDUM OPINION AND ORDER

BOGUE, Senior District Judge.

Facts

On December 27, 1990, Golden Reward Mining Company filed a Complaint in three counts against the Jervis Webb Construction Company of Detroit, Michigan. The Complaint included counts in Negligence, Strict Liability, and Breach of Contract.

Initially, Webb delivered to Golden Reward — sometime in August 1989 — a mobile reclaimer, pursuant to the terms of...

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