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MULLER v. GATEWAY BUILDING SYSTEMS, INC.

No. 08-CV-4063-RAL.

743 F.Supp.2d 1096 (2010)

Helgard MULLER, Plaintiff, v. GATEWAY BUILDING SYSTEMS, INC., Defendant and Third Party Plaintiff, v. South Dakota Wheat Growers Association, Third Party Defendant.

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

April 28, 2010.

Attorney(s) appearing for the Case

J.B. Dilsheimer , Cohen, Placitella & Roth, P.C., Philadelphia, PA, Mark C. Schultz , Schultz Law LLC, Conshohocken, PA, Michael L. Luce , Murphy Goldammer & Prendergast, LLP, Sioux Falls, SD, for Plaintiff.

Douglas M. Deibert , Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for Defendant and Third Party Plaintiff.

Robert B. Anderson , May, Adam, Gerdes & Thompson, Pierre, SD, for Third Party Defendant.

OPINION AND ORDER GRANTING MOTION TO DISMISS THIRD PARTY COMPLAINT AND DENYING MOTION TO CERTIFY QUESTIONS

ROBERTO A. LANGE, District Judge.

Third Party Defendant South Dakota Wheat Growers Association ("SDWGA") moves to dismiss the Third Party Complaint (Doc. 71) and Amended Third Party Complaint (Doc. 84) of Defendant and Third Party Plaintiff Gateway Building Systems, Inc. ("Gateway"). SDWGA moves to dismiss Gateway's claim under Rule 12(b)(6) of the...

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