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TRAVELERS INDEMNITY COMPANY v. WINMILL

No. 3-68-Civ.-233.

294 F.Supp. 394 (1968)

The TRAVELERS INDEMNITY COMPANY, Plaintiff, v. Catherine D. WINMILL, Robert C. Winmill, Stanley F. Dufour, Eugene T. Robinette, and Corrine W. Strand, Defendants.

United States District Court D. Minnesota, Third Division.

December 31, 1968.

Attorney(s) appearing for the Case

Eugene Buckley, Baglio & Buckley, St. Paul, Minn., for plaintiff.

George Waldrup, St. Paul, Minn., for defendants Winmill.

Terence O'Loughlin, Altman, Geraghty, Leonard & Mulally, St. Paul, Minn., for defendant Dufour.

James A. Reding, St. Paul, Minn., for defendant Robinette.

R. Donald Kelly, Kelly & Finley, St. Paul, Minn., and John R. O'Brien, Jardine, Logan & O'Brien, St. Paul, Minn., for defendant Strand.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

This is an action by an automobile liability insurer for a declaration that it is not obliged to defend any action against, or assume any liability of, Robert C. Winmill growing out of an auto collision which occurred on January 18, 1968.

On that night, Robert Winmill, with the company of his friends Dufour and Robinette, was driving a car belonging to his mother, Catherine Winmill, plaintiff's insured. The...

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