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JOHNSON, DRAKE & PIPER, INC. v. LIBERTY MUTUAL INSURANCE CO.

No. 4-63-Civ-325.

258 F.Supp. 603 (1966)

JOHNSON, DRAKE & PIPER, INC., Modern Erecting Co., Harlan Stowe and Wesley P. Janshen, Plaintiffs, and Continental Casualty Company and Aetna Casualty & Surety Company, Additional Plaintiffs, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court D. Minnesota, Fourth Division.

September 23, 1966.

Attorney(s) appearing for the Case

William P. Westphal, Minneapolis, Minn., for plaintiffs Johnson-Drake & Piper, Inc., and Continental Casualty Co.

Wright W. Brooks, Minneapolis, Minn., for Modern Erecting Co. and Aetna Casualty & Surety Co.

Leonard E. Lindquist, Minneapolis, Minn., for Harlan Stowe.

John D. Rice, Minneapolis, Minn., for Wesley Janshen.

Francis W. Van Eps, Minneapolis, Minn., for defendant Liberty Mutual Ins. Co.

MEMORANDUM

DEVITT, Chief Judge.

This action, under the Declaratory Judgments Act, for interpretation of an insurance policy, comes to the Court by way of a stipulated statement of facts accompanied by briefs. Diversity jurisdiction is established.

In a prior Minnesota state court action plaintiffs were adjudged liable to one Edward Thill for injuries resulting from an industrial accident on June 23, 1960. The Minnesota Supreme Court affirmed, Thill...

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