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STATE FARM MUT. AUTO. INS. CO. v. NORTHWEST LEASING CORP.

Civ. No. 4265.

295 F.Supp. 516 (1969)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. NORTHWEST LEASING CORPORATION, et al., a North Dakota corporation, Defendants.

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

Supplemental Opinion June 2, 1969.

Attorney(s) appearing for the Case

James D. Cahill, of Garrity, Cahill, Gunhus, Streed & Grinnell, Moorhead, Minn., for plaintiff, State Farm Mut. Auto. Ins. Co.

Frank X. Cronan, of Carroll, Cronan, Roth & Austin, Minneapolis, Minn., for defendants, American Casualty Co. and Pembina Broadcasting Co., Inc.

Norman G. Tenneson, of Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for defendant, Northwest Leasing Corporation, and defendant, Fidelity and Casualty Co. of New York.

Morris Dickel, of Padden, Dickel & Johannson, Crookston, Minn., for defendant, Madeline Lukkason.

Robert Vaaler, of Stokes, Vaaler, Gillig & Warcup, Grand Forks, N. D., for defendant, E. V. Boucher as Administrator of Estate of Robert C. Lukkason, deceased.

MEMORANDUM AND ORDER

RONALD N. DAVIES, District Judge.

This declaratory judgment action arose out of an automobile accident that occurred in Minnesota on January 31, 1965, and seeks a determination of the rights and liabilities of several insurance companies by reason of the issuance of certain policies.

The parties have executed a stipulation of facts which is necessary to an understanding of the problems here presented and which reads:

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