No. 11783.

249 N.W.2d 266 (1976)

Berl D. OLESEN, Special Administrator of the Estate of Barbara Olesen, Plaintiff and Respondent, v. Robert Harold SNYDER and Gene Raymond Terland, Defendants and Appellants, and Robert James Bennett, Defendant and Respondent.

Supreme Court of South Dakota.

December 31, 1976.

Attorney(s) appearing for the Case

Robert B. Looby, Pierre, for plaintiff and respondent.

E. D. Mayer of Riter, Mayer, Hofer & Riter, Pierre, for defendants and appellants.

Charles M. Thompson of May, Porter, Adam, Gerdes & Thompson, Pierre, for defendant and respondent.

DUNN, Chief Justice.

This is a wrongful death action by the father of decedent Barbara Olesen as administrator of her estate. The action was originally started in United States District Court for the District of South Dakota, Central Division, in December 1973. Because of lack of diversity of citizenship it was remanded to the Fourth Judicial Circuit Court on January 30, 1974. Plaintiff alleges in his complaint that defendant-respondent Bennett (hereinafter Bennett...


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