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

No. CIV. 08-5015-JLV.

772 F.Supp.2d 1062 (2011)

Toni POCHAT, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

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

February 23, 2011.

Attorney(s) appearing for the Case

Robin L. Zephier , Abourezk Law Firm, Rapid City, SD, for Plaintiff.

Jody O. Smith , John S. Theeler , Morgan Theeler LLP, Mitchell, SD, for Defendant.

ORDER GRANTING SUMMARY JUDGMENT

JEFFREY L. VIKEN, District Judge.

INTRODUCTION

Toni Pochat and her husband, Sebastien Pochat,1 filed a complaint against State Farm Mutual Automobile Insurance Company ("State Farm") in Circuit Court for the Seventh Judicial Circuit, Pennington County, South Dakota. (Docket 1-3). Defendant moved the matter to federal district court on the basis of diversity jurisdiction under 28 U.S.C...

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