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  5. 238 N.W.2d 274 (1975)
 

LE MARS MUT. INS. CO., INC. v. PREHN

No. 11480.

238 N.W.2d 274 (1975)

LE MARS MUTUAL INSURANCE COMPANY, INC., Plaintiff and Respondent, v. Clinton PREHN, individually, and as Special Administrator of the Estate of Hazel Prehn, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

December 31, 1975.

Attorney(s) appearing for the Case

T. F. Martin, McCann, Martin & Mickelson, P. C., Brookings, for defendant and appellant.

Merle A. Johnson, Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and respondent.

WINANS, Justice.

This is a review of an action pursuant to our declaratory judgment law, SDCL 21-24, to determine the rights arising from an insurance contract as between the Appellant, the insured, and the Respondent, the insurer. All the facts in this matter were presented to the trial court by stipulation. Appellant appeals from a judgment filed with the court May 10, 1974, in favor of the Respondent insurance company.

Mrs. Clinton Prehn was killed in an...

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