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JOHNSON v. VIKING INS. CO. OF WISCONSIN

No. CIV. 88-5120.

706 F.Supp. 720 (1989)

David G. JOHNSON, Plaintiff, v. VIKING INSURANCE COMPANY OF WISCONSIN, Defendant.

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

February 7, 1989.

Attorney(s) appearing for the Case

Ramon A. Roubideaux, Rapid City, S.D., for plaintiff.

Michael W. Day, Belle Fourche, S.D., for defendant.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BATTEY, District Judge.

On November 10, 1988, defendant filed a motion to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff responded to defendant's motion on November 21, 1988, and defendant replied on November 25, 1988. On January 3, 1989, the Court entered an order converting defendant's 12(b)(6) motion to a motion for summary judgment pursuant to Fed...

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