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ALGER v. AMERICAN FAMILY MUTUAL INSURANCE CO.

No. 10540.

168 N.W.2d 705 (1969)

Milton D. ALGER, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff and Respondent, v. MONTANA-DAKOTA UTILITIES CO., a Corporation, Third-Party Defendant and Appellant.

Supreme Court of South Dakota.

June 12, 1969.

Attorney(s) appearing for the Case

Whiting, Lynn, Jackson, Freiberg & Shultz, Rapid City, for third-party defendant and appellant.

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and third-party plaintiff and respondent.

RENTTO, Judge.

The question presented by this appeal concerns the pretrial discovery under RCP 34 of a written report made by an opponent's expert.

Plaintiff's home in Lead, South Dakota, together with its furnishings, were damaged by an explosion and fire. He instituted this action against the defendant insurance company to recover for his loss under a policy of insurance which it had issued. The answer of the insurance company admitted liability and asked...

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