Defender v. CITY OF McLAUGHLIN, SOUTH DAKOTA

BECK, District Judge.

This is a motion for a summary judgment by which the City of McLaughlin seeks a dismissal of the action insofar as its interests are affected and this on a claim that there is no genuine issue as to any material fact and that the City is entitled to such a judgment as a matter of law.

As to the controlling facts there is no dispute. The amended complaint shows the City as a municipal corporation, organized, licensed and existing under the laws of South Dakota, the other defendant also a citizen of this state and the plaintiff a citizen of North Dakota. It is alleged, too,…