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SCHULTZ v. HERITAGE MUT. INS. CO.

No. CIV 93-4208.

902 F.Supp. 1051 (1995)

Michael SCHULTZ, as Special Administrator of the Estate of Thad Michael Schultz, Deceased, Plaintiff, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. South Dakota, Southern Division.

October 23, 1995.

Attorney(s) appearing for the Case

Bruce M. Ford, Burns & Ford, N. Dean Nasser, Jr., Sioux Falls, SD, for plaintiff.

John E. Simko, Jr., James E. Moore, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

Defendant Heritage Mutual Insurance Company moves for summary judgment and to strike paragraphs three through eight of plaintiff Michael Schultz's affidavit dated June 30, 1995. Plaintiff has responded to both motions. For the reasons discussed below, the Court grants defendant's motion to strike and denies defendant's motion for summary judgment.

The Court must grant defendant's motion for summary...

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