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ALLIED MUT. INS. CO. v. DAKOTA ROSE, INC.

No. Civ. 98-4004.

43 F.Supp.2d 1081 (1999)

ALLIED MUTUAL INSURANCE COMPANY, Plaintiff, v. DAKOTA ROSE, INC., Warren Lester and Amy Lester, Defendants.

United States District Court, D. South Dakota, Southern Division.

April 27, 1999.

Attorney(s) appearing for the Case

Timothy M. Gebhart, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for plaintiff, Allied Mut. Ins. Co.

Cecelia A. Grunewaldt, Sioux Falls, SD, for defendant, Dakota Rose.

Michael W. Ellwanger, Rawlings, Nieland, Probasco Law Firm, Sioux City, IA, for defendant, Warren Lester, Amy Lester.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

[¶ 1] Plaintiff Allied Mutual Insurance Company seeks a declaratory judgment that a commercial general liability insurance policy it issued to defendant, The Dakota Rose, Inc. ("Dakota Rose"), expressly excludes liquor liability coverage. Dakota Rose raises affirmative defenses and brings a counterclaim for breach of contract. Allied moves for summary judgment, and Dakota Rose resists. For the reasons...

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