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CARSTEN v. AETNA LIFE INS. CO.

No. 11702.

247 N.W.2d 679 (1976)

Guy L. CARSTEN, an Individual, Plaintiff and Appellant, v. AETNA LIFE INSURANCE COMPANY, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

December 16, 1976.

Attorney(s) appearing for the Case

John D. Wagner, of Kandaras & Wagner, Rapid City, for plaintiff and appellant.

Donald R. Shultz, of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and respondent.

WINANS, Justice.

This is an appeal from an order granting summary judgment to defendant, Aetna Life Insurance Company. Plaintiff, Guy Carsten, alleges error because a genuine issue of material fact exists that prevents entry of judgment as a matter of law. We agree.

We examine the evidence, as we must, in a light most favorable to the non-moving party. Wilson v. Great Northern Railway Co., 1968, 83 S.D. 207, 157 N.W.2d 19

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