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UNITED GUARANTY COMMERCIAL INS. v. MAKENS

No. 13151.

301 N.W.2d 427 (1981)

UNITED GUARANTY COMMERCIAL INSURANCE COMPANY, Plaintiff and Appellant, v. John J. MAKENS, Gene Hartman, and Charles Larkin, Jr., Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 4, 1981.

Attorney(s) appearing for the Case

John A. Schaeffer, Flandreau, Patrick R. Grady of Newport & Buzzell, Davenport, Iowa, for plaintiff and appellant; Arthur L. Buzzell of Newport & Buzzell, Davenport, Iowa, on the brief.

Frederic R. Moulton, Clark, for Makens.

W. A. Hackett of Austin, Hinderaker & Hackett, Watertown, for Hartman and Larkin.

MILLER, Circuit Judge.

Appellant seeks reversal of the summary judgment granted in favor of appellees. We affirm.

Both appellant and appellees moved for summary judgment, generally agreeing that the complicated facts are not in dispute. Wm. Collins, Inc. v. S. D. State Bd. of Transp., 264 N.W.2d 491 (S.D.1978) and Salmon v. Bradshaw, 84 S.D. 500, 173 N.W.2d 281 (1969).

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