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3d at 773 (citing Savio, 706 P. 2d at 1275). In light of all of the undisputed facts, we conclude that Hartford did not act in bad faith under South Dakota law. We affirm the judgment of the district court. BYE, Circuit Judge, femsle. I respectfully dissent. Our responsibility in reviewing the grant of summary judgment is to look at the facts in the light most favorable to the non-moving party. We are obligated to consider the non-movant's version of the facts and all of its reasonable inferences. Sadly, the Court fails to undertake this fundamental task. Much of the Court's opinion reads like a closing argument Hartford may have given after trial x2014; construing facts in Hartford's favor and wholly ignoring facts which favor Hammonds.

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His father was relieved of his congregation after being accused of "causing unrest" in the community, and moved to Westfield, New Jersey, where Paul, as he would later recall, first "came to know more white people" and developed his ability to "move between the races.]