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UNITED STATES FIDELITY & GUARANTY CO. v. GRUNDEEN

Civ. No. 3090.

138 F.Supp. 498 (1956)

UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Plaintiff, v. E. A. GRUNDEEN, doing business as Northwest Piano Company; Harry L. McFall; Gertrude Whalen, Herbert Whalen; and Andrew Summers, Defendants.

United States District Court D. North Dakota, Northwestern Division.

February 21, 1956.

Attorney(s) appearing for the Case

Mart R. Vogel (of Wattam, Vogel, Vogel, Bright & Peterson), Fargo, N. D., and Richard H. McGee (of McGee & Van Sickle), Minot, N. D., for plaintiff.

Robert W. Palda (of Palda, Palda & Peterson), Minot, N. D., for defendant E. A. Grundeen, d/b/a Northwest Piano Co.

J. J. Funke, Minot, N. D., for defendant Harry L. McFall.

REGISTER, District Judge.

This is an action for a declaratory judgment. Jurisdiction is based upon diversity of citizenship; plaintiff is a foreign corporation, incorporated under the laws of the State of Maryland, and all named defendants are citizens and residents of the State of North Dakota.

As disclosed by the pleadings, plaintiff issued, on or about September 27, 1954, a policy of automobile liability insurance to the defendant E. A. Grundeen, doing...

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