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CITY OF LEMMON v. FIDELITY & GUARANTY

No. 12754.

293 N.W.2d 433 (1980)

CITY OF LEMMON, a Municipal Corporation, Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY and Esther D. Wells, Individually and as Personal Representative of the Estate of Duane Wells, Deceased, Defendants and Appellants, and Schmucker, Paul, Nohr & Associates and Soil Exploration Company, Defendants and Appellees, and Orville Willett d/b/a B and W Pools and B and W Pools, Inc.; Bank of Lemmon; Patrick LaSalle d/b/a LaSalle Construction Company; Timber Weld Manufacturing; Christ P. Hoff d/b/a Hoff Readymix; Fullerton Lumber Company; Nick Krebs and Son; Globe, Inc.; Joe Messmer d/b/a Joe's Plumbing; Julian Wolff d/b/a Wolff's Heating and Plumbing; Stock's Electric, Inc.; and other unknown John Doe Lien Claimants, Defendants.

Supreme Court of South Dakota.

Decided June 11, 1980.

Attorney(s) appearing for the Case

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants United States Fidelity & Guaranty Company and Esther D. Wells, Individually and as Personal Representative of the Estate of Duane Wells, Deceased; Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on brief.

Marvin D. Truhe of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendants and appellees Schmucker, Paul, Nohr & Associates; Gregory A. Eiseland of Lynn, Jackson, Shultz & Lebrun, Rapid City, on brief.

Robert F. LaFleur, Rapid City, for defendant and appellee Soil Exploration Company.

DUNN, Justice.

United States Fidelity and Guaranty (USFG), defendant, appeals from a judgment dismissing its supplemental cross claim for failure to state a claim upon which relief can be granted. Defendant-appellant Esther Wells, individually and as personal representative of the estate of Duane Wells (Wells), appeals from the denial of her motion for relief from default and entry of default judgment against her. Mrs. Wells also appeals from the dismissal of the...

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