CERT. OF QUESTION OF LAW FROM U.S. DIST. CT.

No. 15176.

387 N.W.2d 42 (1986)

In the Matter of the CERTIFICATION OF A QUESTION OF LAW FROM the UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH DAKOTA, SOUTHERN DIVISION, Pursuant to the Provisions of SDCL 15-24A-1, and Concerning Federal Action Civ. 84-4002, Titled as Follows: Mary FARLEY, Individually and as Special Administratrix of the Estate of Marlin Holdorf, deceased, Plaintiff, v. MOUNT MARTY HOSPITAL ASSOCIATION, INC., d/b/a Sacred Heart Hospital, Defendant.

Supreme Court of South Dakota.

Decided May 7, 1986.


Attorney(s) appearing for the Case

Gary D. Jensen of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for plaintiff; Michael D. Stevens of Blackburn & Stevens, Yankton, on brief.

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant; Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.


HENDERSON, Justice.

This Court set a briefing schedule and hearing by Order dated December 2, 1985. We accept this case for ruling of an issue presented by certification filed by the Honorable John B. Jones, Judge, United States District Court, District of South Dakota, Southern Division, all pursuant to our state statute, SDCL 15-24A-1.

The sole question presented for our resolution is this: Did SDCL 21-5-1, prior...

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