AETNA CASUALTY & SURETY CO. v. BRUNKEN & SON, INC.

Civ. 72-4036.

357 F.Supp. 290 (1973)

AETNA CASUALTY AND SURETY COMPANY, a corporation, Plaintiff, v. J. F. BRUNKEN & SON, INC., a corporation, et al., Defendants.

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

April 23, 1973.


Attorney(s) appearing for the Case

John L. Morgan and John F. Cogley, Morgan & Fuller, Mitchell, S. D., appeared in behalf of plaintiff.

Keith B. Anderson and Reed Hutchinson, Anderson & Hutchinson, Huron, S. D., appeared in behalf of defendant, National Bank of South Dakota.

John B. Wehde, Benson, Beach, Fingerson & Wehde, Huron, S. D., appeared in behalf of defendant Northwestern National Bank of Sioux Falls.


MEMORANDUM DECISION

NICHOL, Chief Judge.

This is a declaratory judgment action, 28 U.S.C. Secs. 2201 and 2202, brought by a surety, Aetna Casualty and Surety Company (Aetna), to determine priorities between conflicting claimants to the property of J. F. Brunken & Son, Inc. (Brunken), or the proceeds thereof, now in the possession of the court-appointed receiver. In addition to the Brunken Corporation, those defendants remaining in the suit at the time...

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