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JUHNKE v. IMPERIAL CASUALTY & INDEMNITY CO.

Civ. No. 72-5046.

358 F.Supp. 1135 (1973)

JUHNKE v. IMPERIAL CASUALTY & INDEMNITY CO.

United States District Court, D. South Dakota.

May 31, 1973.

Attorney(s) appearing for the Case

Curtis D. Ireland, Rapid City, S. D., for defendant.

John M. Costello, Rapid City, S. D., for plaintiff.

MEMORANDUM DECISION

BOGUE, District Judge.

This matter comes before the Court on stipulated facts for a decision on the merits and both parties have agreed that no further evidence will be offered.

On the evening of June 9, 1972, the Walter A. Juhnke family heard a radio announcement warning all residents of Rapid City of serious flood conditions on both sides of Rapid Creek. Mr. and Mrs. Juhnke, and their nine foster children, immediately vacated...

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