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DAIRYLAND INSURANCE COMPANY v. CRANE

No. Civ. 69-152S.

344 F.Supp. 839 (1972)

DAIRYLAND INSURANCE COMPANY, Plaintiff, v. Ralph CRANE, Sr., et al., Defendants.

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

July 14, 1972.

Attorney(s) appearing for the Case

Deming Smith, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., appeared in behalf of the plaintiff.

Sam W. Masten, Canton, S. D., appeared in behalf of the defendant Crane.

Gerald L. Reade, of Brady, Kabeiseman, Light & Reade, Yankton, S. D., appeared in behalf of the defendants Ramsleys and Hoffmans.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Plaintiff, Dairyland Insurance Company (Dairyland), seeks declaratory relief under 28 U.S.C.A. Sec. 2201 to determine its obligation, if any, to defend or pay damages on behalf of defendant, Crane, under an automobile liability insurance policy it issued to Crane. Federal jurisdiction is based on diversity of citizenship under 28 U.S.C.A. Sec. 1332.

Dairyland issued the automobile insurance policy in question...

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