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WHITE MOTOR CORP. v. NORTHLAND INSURANCE CO.

Civ. 69-163S.

315 F.Supp. 689 (1970)

WHITE MOTOR CORPORATION, a corporation, Plaintiff, v. NORTHLAND INSURANCE COMPANY, a corporation, Defendant, Lyle B. Tennant, Interpleaded Defendant.

United States District Court, D. South Dakota, S. D.

July 17, 1970.

Attorney(s) appearing for the Case

Gale E. Fisher, of May, Boe & Johnson, Sioux Falls, S. D., for plaintiff.

John B. Shultz, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for defendant.

Richard B. Braithwaite, of Braithwaite, Cadwell & Braithwaite, Sioux Falls, S. D., for interpleaded defendant.

NICHOL, Chief Judge.

Plaintiff White Motor Corporation has instituted this action to recover for expenses incurred in the repair of a truck insured under a policy written by the defendant Northland Insurance Company which contained a loss payable clause in favor of the plaintiff. White Motor Credit Corporation has been joined as a party plaintiff and the real party in interest by order of the Court dated January 13, 1970. The truck was owned at the time of the collision...

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