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SAFECO INS. CO. OF AMERICA v. CITY OF WATERTOWN

Civ. Nos. 77-1012, 81-1015.

529 F.Supp. 1220 (1981)

SAFECO INSURANCE CO. OF AMERICA, Plaintiff, v. CITY OF WATERTOWN, SOUTH DAKOTA, A Municipal Corporation, Defendant. SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. UNITED STATES of America, Defendant.

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

December 31, 1981.

Attorney(s) appearing for the Case

Russell B. Holloway, Holloway, Dobson, Hudson & Bachman, Oklahoma City, Okl., Glen H. Johnson, Banks & Johnson, Rapid City, S. D., for plaintiff.

Kathlynn G. Fadely, Trial Atty., Torts Branch, Civil Div. U. S. Dept. of Justice, Washington, D. C., for defendant USA.

William A. Hackett, Austin, Hinderaker & Hackett, Watertown, S. D., for defendant City of Watertown, S. D.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiff, as subrogee of its insured, Kerr-McGee Corporation, brought these actions, (consolidated for trial) to recover for property damage to a twin jet Kerr-McGee aircraft which crashed on take-off from the Watertown Municipal Airport. Jurisdiction of plaintiffs' tort action against the City of Watertown, owner and operator of the airport, is grounded in diversity, 28 U.S.C....

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