Legal Opinion

Muller v. Gateway Building Systems, Inc.

District Court, D. South Dakota

Decided April 28, 2010No. 08-CV-4063-RALPublishedCited by 1 opinion

1Opinion of the Court

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 Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted, contending that South Dakota’s workers’…

2Cases cited6 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Lambertson v. Cincinnati Corp.Supreme Court of Minnesota · 1977
  3. B.B. v. Continental Insurance CompanyCourt of Appeals for the Eighth Circuit · 1994
  4. Burmeister v. YoungstromSouth Dakota Supreme Court · 1965
  5. Hagemann v. NJS Engineering, Inc.South Dakota Supreme Court · 2001

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3Cited by1 opinion

  1. Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of EngineersDistrict Court, D. South Dakota · 2013

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