LUKE v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

Civ. 70-24S.

325 F.Supp. 1330 (1971)

Larry LUKE, Individually, Larry Luke, as Special Administrator of the Estate of Lisa Luke, Deceased, and Kathleen Luke, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. South Dakota, S. D.

April 29, 1971.


Attorney(s) appearing for the Case

Gerald L. Reade, of Brady, Kabeiseman, Light & Reade, Yankton, S. D., for plaintiffs.

John B. Shultz, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendant.


MEMORANDUM DECISION

NICHOL, Chief Judge.

This action is now before this court on cross-motions by the several parties for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiffs as assignees of the alleged insured, Herbert Carl Llewellyn, and under S.D.C.L. Sec. 58-23-1 (1967), seek to recover damages from the defendant in the amount of state court judgments totaling $138,840.12 obtained against Llewellyn plus costs,...

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