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HALVORSON v. HURON CULVERT AND TANK CO.

Nos. 13316, 13317.

309 N.W.2d 817 (1981)

Gary HALVORSON and Linda Lee Halvorson, Plaintiffs and Appellees, and Susan M. Feuerhelm and Susan M. Feuerhelm, Special Administratrix of the Estate of Douglas G. Graves, Deceased, Plaintiff and Appellee, v. HURON CULVERT AND TANK CO., a corporation, Defendant, Third Party Plaintiff and Appellant, v. WEELBORG BROTHERS, INC., a corporation, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 26, 1981.

Attorney(s) appearing for the Case

Thomas P. Tonner of Maynes, Tonner, Maynes & Tobin, Aberdeen, for plaintiffs and appellees.

Gerald L. Reade of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for defendant, third party plaintiff and appellant.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for third party defendant and appellee; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

MORGAN, Justice.

As a result of an explosion, two personal injury actions were commenced against Huron Culvert & Tank Company (Huron Culvert). In turn, Huron Culvert sought indemnity and contribution from Weelborg, Inc., who had paid worker's compensation benefits to the plaintiffs as their employer. On Weelborg's motion the third-party complaint was dismissed and this appeal followed. Although this appeal raised some important legal questions, we fail to reach...

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