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  5. 276 N.W.2d 264 (1979)
 

AM. HDWE. MUT. INS. CO. v. TRI-STATE, ETC.

No. 12491.

276 N.W.2d 264 (1979)

AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. TRI-STATE MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 14, 1979.

Attorney(s) appearing for the Case

John F. Cogley, of Morgan, Fuller, Theeler & Cogley, Mitchell, for plaintiff and respondent.

Edwin E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant; Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

MILLER, Circuit Judge.

In this action the trial court ruled in favor of an implement dealer's general liability carrier and against said dealer's homeowner insurance policy carrier in the interpretation of an exclusionary clause in the homeowner policy. We reverse.

The case was submitted to the trial court by stipulation. The only testimony in the case was that included in the deposition of the insured dealer (Janssen), which deposition was made a part of...

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