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

Civ. No. 4265.

299 F.Supp. 630 (1969)

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

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

June 2, 1969.

Attorney(s) appearing for the Case

James D. Cahill, of Garrity, Cahill, Gunhus, Streed & Grinnell, Moorhead, Minn., for plaintiff, State Farm Mutual Automobile 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 Corp., 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 the Estate of Robert C. Lukkason, deceased.

MEMORANDUM AND ORDER

RONALD N. DAVIES, District Judge.

The last controversy to be resolved stems from the three insurers having sought to limit liability by inserting in their respective policies an "other insurance" clause, usually referred to as either an "excess" or a "pro rata" clause.

The State Farm Mutual Automobile Insurance Company policy provided that if its insured (Pembina Broadcasting Company, Inc. and Northwest Leasing Corporation) had...

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