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DAKOTA BLOCK CO. v. WESTERN CASUALTY & SURETY CO.

No. 10150.

132 N.W.2d 826 (1965)

DAKOTA BLOCK COMPANY, a Corporation, Plaintiff and Appellant, v. WESTERN CASUALTY & SURETY COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied April 27, 1965.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, Rapid City, for plaintiff and appellant.

Hanley, Costello & Porter, Rapid City, for defendant and respondent.

HOMEYER, Judge (on reassignment).

This is an action for a declaratory judgment to determine coverage under a Comprehensive General-Automobile Liability Policy issued by defendant insurance company to plaintiff. The court below found no coverage and dismissed the action. Plaintiff appeals.

Under Coverage C, Property Damage Liability-Except Automobile, defendant agreed "To pay on behalf of the insured all sums which the insured shall become legally obligated...

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