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RAPID CITY v. FIRST NATIONAL BANK OF THE BLACK HILLS

No. 9853.

107 N.W.2d 693 (1961)

City of RAPID CITY, a Municipal Corporation, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF THE BLACK HILLS, a Banking Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

February 16, 1961.

Attorney(s) appearing for the Case

Searle & Kandaras, Rapid City, for plaintiff and appellant.

Bottum & Christol, Rapid City, for defendant and respondent.

HANSON, Judge.

This is a sequel to the case of Gurney v. Rapid City, 74 S.D. 194, 50 N.W.2d 360, in which Mary L. Gurney recovered a substantial judgment against the City for personal injuries resulting from a fall on sidewalk adjacent to property owned and occupied by the First National Bank of the Black Hills. In the present action Rapid City seeks indemnity from the defendant Bank for the amount of the judgment and costs the...

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