S.D. STATE CEMENT PLANT v. WAUSAU UNDERWRITERS INS.

Civ. No. 91-3027.

778 F.Supp. 1515 (1991)

SOUTH DAKOTA STATE CEMENT PLANT COMMISSION, d/b/a South Dakota Cement Plant, for the Use and Benefit of the STATE OF SOUTH DAKOTA, Plaintiff, v. WAUSAU UNDERWRITERS INSURANCE COMPANY, a Member of Wausau Insurance Companies, Defendant.

United States District Court, D. South Dakota.

November 27, 1991.


Attorney(s) appearing for the Case

Ronald W. Banks, Banks, Johnson, Johnson, Colbath & Huffman, P.C., Rapid City, S.D., for plaintiff.

James C. Robbennolt, Olinger, Lovald, Robbennolt & McCahren, P.C., Pierre, S.D., and Patricia St. Peter, Brooks F. Poley, Zelle & Larson, Minneapolis, Minn., for defendant.


AMENDED MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

On June 20, 1991, plaintiff sued Employers Insurance of Wausau,1 in the Sixth Judicial Circuit Court of South Dakota. Plaintiff seeks judicial determination of the extent of the liability coverage provided by defendant and recovery for breach of defendant's alleged contractual duty to defend plaintiff in an action brought against the Cement Plant in Wyoming.

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