Dakota Block Co. v. Western Casualty & Surety Co.

150 N.W.2d 729 (1967)

DAKOTA BLOCK COMPANY, a Corporation, Plaintiff and Respondent,

v.

WESTERN CASUALTY & SURETY COMPANY, a Corporation, Defendant and Appellant.

No. 10341.

Supreme Court of South Dakota.

May 12, 1967.

Rehearing Denied June 20, 1967.

Costello, Porter, Hill, Banks & Nelson, James S. Nelson, Rapid City, for defendant and appellant.

Bangs, McCullen, Butler & Foye, Thomas E. Simmons, Rapid City, for plaintiff and respondent.

BANDY, Circuit Judge.

This case first came before this court upon an appeal from a judgment dismissing the action. The first opinion is reported in 81 S.D. 213, 132…