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SHEEHAN v. UNITED PACIFIC INS. CO.

No. 16393.

439 N.W.2d 117 (1989)

Harvey D. SHEEHAN and Andrea L. Sheehan, as Trustees (Debtors-in-Possession) of The Chapter 11 Estate of Harvey D. Sheehan and Andrea L. Sheehan, d/b/a/ J.E.S. Farms, Plaintiffs and Appellants, v. UNITED PACIFIC INSURANCE CO., Defendant and Appellee. MORRIS IRRIGATION, INC., Johnson Bros. Company, and United Pacific Insurance Co., Defendants and Third Party Plaintiffs, v. TKD, INC., f/k/a Johnson Pump Co., Inc., Reinke Manufacturing, Inc., Jean M. Morris, Milton L. Morris, Leland Johnson and Keith Johnson, Third Party Defendants.

Supreme Court of South Dakota.

Decided April 26, 1989.

Rehearing Denied June 1, 1989.

Attorney(s) appearing for the Case

Ron Clabaugh of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellants; George A. Bangs and Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on the brief.

Phil Bruner of Hart, Bruner & O'Brien, Minneapolis, Minn., for defendant and appellee United Pacific Ins. Co.; Patrick J. O'Connor, Jr. of Hart, Bruner & O'Brien, Minneapolis, Minn., Gary F. Colwill of Schmidt, Schroyer, Colwill & Barnett, Pierre, on the brief.

AMUNDSON, Circuit Judge.

Plaintiffs, Harvey and Andrea Sheehan (Sheehan), appeal from a trial court order dismissing their cause of action against defendant united Pacific Insurance Company (United Pacific). We reverse and remand for trial.

FACTS

In Sheehan v. Morris Irr., 410 N.W.2d 569 (S.D.1987) (Sheehan I), we reversed and remanded the dismissal of Sheehan's complaint against United Pacific. We...

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