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TRIPLE U ENTERPRISES v. NEW HAMPSHIRE INS. CO.

No. 84-1178.

766 F.2d 1278 (1985)

TRIPLE U ENTERPRISES, INC., a corporation; L.R. Houck and Jerry Houck, Appellees, v. NEW HAMPSHIRE INSURANCE COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1985.

Attorney(s) appearing for the Case

Gary R. Richards, Spearfish, S.D., for appellant.

Joseph M. Butler, Rapid City, S.D., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

HENLEY, Senior Circuit Judge.

This appeal in diversity concerns the question whether, under South Dakota law, New Hampshire Insurance Company (NHIC) breached its contract of insurance with appellees (Triple U) by refusing to defend a suit against Triple U that had been brought in state court by Wade, Adolph and LaVern Hepper (Heppers). The district court, 576 F.Supp. 798 (D.S.D.1983),1 held that NHIC...

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