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BLUMHARDT v. HARTUNG

No. 12488.

283 N.W.2d 229 (1979)

Reinhold BLUMHARDT and Alice Blumhardt, Plaintiffs and Appellants, v. P. A. HARTUNG, I. F. Hartung, Leonard Mayer, Hartung Construction Company, a corporation, and South Dakota Wheat Growers Association, a cooperative, Defendants and Respondents, Roy Kelsey, Martin Robinson, George Thiel, and Loren Igo, Defendants.

Supreme Court of South Dakota.

Decided September 5, 1979.

Rehearing Denied October 31, 1979.

Attorney(s) appearing for the Case

Richard H. Battey of Gallagher & Battey, Redfield, for defendant and respondent, Leonard Mayer.

Chester A. Groseclose, Jr. of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant and respondent, South Dakota Wheat Growers Association, a cooperative.

Harvey C. Jewett of Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, for plaintiffs and appellants.

Daniel R. Fritz of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for defendants and respondents, P. A. Hartung and I. F. Hartung, Hartung Const. Co., a corporation.

FOSHEIM, Justice.

The plaintiff, Reinhold Blumhardt, seeks damages for injuries he sustained while working at the construction site of a grain elevator in Tulare, South Dakota. His wife, Alice Blumhardt, alleges loss of consortium resulting from these injuries. Worker's compensation benefits have been received. This action was for recovery against persons other than the employer under the South Dakota Worker's Compensation Law.1 Defendants...

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