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KENT v. UNITED OF OMAHA LIFE INS. CO.

No. Civ. 02-4214.

430 F.Supp.2d 946 (2006)

2006 DSD 7

Eugene P. KENT, Plaintiff, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, a Nebraska corporation with its principal office at Mutual of Omaha Plaza, Nebraska, Defendant.

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

April 28, 2006.

Attorney(s) appearing for the Case

Nancy J. Turbak, Turbak Law Office, P.C., Watertown, SD, for Plaintiff.

Steven W. Sanford, Shawn M. Nichols, Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

PROCEDURAL HISTORY

[¶ 1] On September 26, 2002, Eugene P. Kent ("Kent") filed this diversity action against the United Of Omaha Life Insurance Company ("Omaha"), alleging fraud and deceit, breach of fiduciary duty, and unfair trade practices, all under South Dakota law. On February 6, 2003, Omaha, pursuant to Fed.R.Civ.P. 56, filed a motion for summary judgment (Doc. 13), arguing that...

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