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  5. 583 N.W.2d 399 (1998)
 

STENE v. STATE FARM MUT. AUTO. INS. CO.

No. 20342.

583 N.W.2d 399 (1998)

Delmer STENE, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, for plaintiff and appellant.

James E. Moore and William P. Fuller of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendant and appellee.

McMURCHIE, Circuit Judge.

[¶ 1.] This is an appeal from a circuit court judgment dismissing Delmer Stene's (Stene) complaint, with prejudice, and holding that a contract for insurance provided for the actual cash value of the cost of repair. We are also asked to review a prior order granting partial summary judgment. SDCL 15-26A-7. There the circuit court held in favor of State Farm Mutual Automobile Insurance (State Farm) in regard to Stene's claims of fraud...

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