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

No. 10341.

150 N.W.2d 729 (1967)

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

Supreme Court of South Dakota.

Rehearing Denied June 20, 1967.

Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, James S. Nelson, Rapid City, for defendant and appellant.

Bangs, McCullen, Butler & Foye, Thomas E. Simmons, Rapid City, for plaintiff and respondent.

BANDY, Circuit Judge.

This case first came before this court upon an appeal from a judgment dismissing the action. The first opinion is reported in 81 S.D. 213, 132 N.W.2d 826. Clarity of the present opinion appears to require some reference to the factual situations then and now existing.

In essence, the complaint herein alleges that the plaintiff supplied building blocks to be and which were used in the construction of...

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