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DAKOTA, MN & EASTERN R.R. v. HERITAGE MUT.

No. 21903.

639 N.W.2d 513 (2002)

2002 SD 7

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Plaintiff and Appellant, v. HERITAGE MUTUAL INSURANCE COMPANY, d/b/a Heritage Insurance, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 16, 2002.

Attorney(s) appearing for the Case

Brian J. Donahoe and Michael D. Bornitz of Cutler, Donahoe & Mickelson, Sioux Falls, for plaintiff and appellant.

Gary Thimsen and Jennifer Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

ERICKSON, Circuit Judge.

¶ The Dakota, Minnesota and Eastern Railroad Company (DM & E) appeals from the judgment granting the cross-motion for summary judgment filed by Heritage Mutual Insurance Company (Heritage Insurance). We affirm.

FACTS

¶ DM&E operates an interstate common carrier railroad within the State of South Dakota. Heritage Insurance is an insurance company doing business...

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