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SCHERSCHLIGHT v. EMPIRE FIRE & MARINE INS. CO.

Civ. 79-4124.

494 F.Supp. 936 (1980)

JoAnn and Lester SCHERSCHLIGHT, Plaintiffs, v. EMPIRE FIRE & MARINE INSURANCE CO., Defendant.

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

August 5, 1980.

Attorney(s) appearing for the Case

Steven M. Johnson, of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S. D., for plaintiffs.

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

MEMORANDUM DECISION

NICHOL, Senior District Judge.

This is a diversity action brought by JoAnn and Lester Scherschlight, citizens of South Dakota, alleging breach of an insurer's duty to defend, against Empire Fire and Marine Insurance Company, a Nebraska corporation. The Scherschlights were assigned this claim by Earl G. Hanson, the insured under Empire's policy. Both the plaintiffs and the defendant are seeking summary judgment relief.

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