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PARKER v. STETSON-ROSS MACH. CO. INC.

No. Civ. 74-4059.

427 F.Supp. 249 (1977)

George D. PARKER, Plaintiff, v. STETSON-ROSS MACHINE COMPANY, INC., Defendant and Third-Party Plaintiff, v. KING & PRIEST MACHINERY, INC., Defendant, v. GUERDON INDUSTRIES, INC., Third-Party Defendant.

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

February 15, 1977.

Attorney(s) appearing for the Case

T. R. Pardy and Vincent J. Protsch, of Mumford, Protsch, Sage & Pardy, Howard, S. D., for plaintiff.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant and third party plaintiff Stetson-Ross.

Steven W. Sanford, of Braithwaite & Cadwell, Sioux Falls, S. D., for defendant King & Priest.

John L. Morgan, of Morgan, Fuller, Theeler & Cogley, Mitchell, S. D., for third party defendant Guerdon Industries.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The motion before the Court concerns only the third party plaintiff and the third party defendant in this action. Third party defendant Guerdon Industries has moved the Court for the dismissal of third party plaintiff Stetson-Ross' complaint, or in the alternative, for summary judgment on the claim presented therein. The facts are essentially as follows. On October 28, 1971, George D. Parker sustained serious injuries...

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