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FOX v. PERPETUAL NAT. LIFE INS. CO.

Nos. 12444, 12445, 12446, 12447 and 12448.

273 N.W.2d 166 (1978)

Michael V. FOX, Carroll B. Hansen, George Blanchette, John Blanchette and Marilyn Krulish, Plaintiffs and Appellants, v. PERPETUAL NATIONAL LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of South Dakota.

Decided December 29, 1978.

Rehearing Denied February 2, 1979.

Attorney(s) appearing for the Case

Alan L. Austin of Austin, Hinderaker & Hackett, Watertown, with J. Douglas Austin, Watertown, on brief, for plaintiffs and appellants.

Haven L. Stuck of Lynn, Jackson, Shultz, Ireland & Lebrun, P.C., Rapid City, with Dennis Holmes, Rapid City, on brief, for defendant and respondent.

WOLLMAN, Chief Justice.

We are presented here with five separate suits filed against the same defendant in 1970. The actions were commenced by service of summons and complaints upon respondent on September 21, 1970. Answers and counterclaims were filed with the court on October 21, 1970, and renewed on January 11, 1974 (both filing dates appear on the answers and counterclaims, although the October 21, 1970, has been crossed out). Amended complaints and replies to...

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