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MORITZ v. C & R TRANSFER CO.

No. 12243.

266 N.W.2d 568 (1978)

Nathan MORITZ and Frances Moritz, Plaintiffs and Appellants, v. C & R TRANSFER CO., a South Dakota Corporation, Defendant, Third Party Plaintiff, and Respondent, and Black Hills Power and Light Company and Jack Naugle, Defendants, and Bob Hawk and Associates, Inc., a South Dakota Corporation, Third Party Defendant.

Supreme Court of South Dakota.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Franklin J. Wallahan and Marvin D. Truhe of Hanley, Wallahan, Huffman & Truhe, Rapid City, for plaintiffs and appellants.

George Beal, Rapid City, for defendant, third party plaintiff and respondent C & R Transfer Co.

William G. Porter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendants Black Hills Power & Light Co. and Jack Naugle.

Thomas G. Fritz of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for third party defendant Bob Hawk and Associates, Inc.

MILLER, Circuit Judge.

This is an appeal from a summary judgment entered in favor of defendant-respondent C & R Transfer Company and against plaintiff-appellant. We affirm.

Plaintiff additionally appeals from the taxing of certain costs. For reasons set forth below, that part of the appeal is dismissed.

PROCEDURAL HISTORY

Plaintiff, an employee of Black Hills Power & Light (BHP&L),...

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