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CANTON LUTHERAN CHURCH v. SOVIK, MATHRE, ETC.

Civ. No. 79-4068.

507 F.Supp. 873 (1981)

CANTON LUTHERAN CHURCH, a South Dakota Corporation, Plaintiff, v. SOVIK, MATHRE, SATHRUM & QUANBECK, a Minnesota Corporation, and W. A. Kepp & Sons, a Company, Defendants.

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

February 13, 1981.

Attorney(s) appearing for the Case

Jeffrey P. Masten, of Masten, Myrabo & Irons, Canton, S. D., for plaintiff; William D. Kunstle, Canton, S. D., on the brief.

Clyde F. Anderson, of Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Minn., for defendant Sovik, Mathre, Sathrum & Quanbeck.

Deming Smith, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for defendant W. A. Kepp & Sons.

MEMORANDUM DECISION AND ORDER

NICHOL, Senior Judge.

PROCEDURAL HISTORY

This action was originally filed by the plaintiff, Canton Lutheran Church, in First Judicial Circuit Court, Lincoln County, South Dakota. It was removed to federal court by the defendant W. A. Kepp & Sons. Subsequent to the removal, defendants W. A. Kepp & Sons and Sovik, Mathre, Sathrum & Quanbeck each filed a motion for summary judgment on the basis that "the statute...

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