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HOLLMAN v. LIBERTY MUT. INS. CO.

No. 82-2043.

712 F.2d 1259 (1983)

Robert HOLLMAN and Darlene Hollman, Appellants, v. LIBERTY MUTUAL INSURANCE CO., a corporation, Appellee. Robert HOLLMAN and Darlene Hollman, Appellants, v. DALE ELECTRONICS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1983.

Rehearing Denied August 30, 1983.

Attorney(s) appearing for the Case

Steven M. Johnson, Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S.D., Murray Ogborn, Nelson & Harding, Lincoln, Neb., for appellants.

James E. Doyle, Doyle, Bierle, Porter & Kennedy, Yankton, S.D., for appellee, Dale Electronics, Inc.

Woods, Fuller, Shultz & Smith P.C., and Arlo Sommervold and Gary P. Thimsen, Sioux Falls, S.D., for appellee, Liberty Mut. Ins. Co.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

LAY, Chief Judge.

This is a diversity suit based on a claim of damages for alleged bad faith exercised by plaintiff's employer and its worker's compensation carrier for failure to pay benefits on a work related claim. The district court held the South Dakota Worker's Compensation Act provided the exclusive remedy and granted summary judgment in favor of the defendants. The plaintiffs, Darlene Hollman and Robert Hollman,...

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