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MILLER v. NATIONAL FARMERS UNION PROPERTY & CAS. CO.

Civ. No. 4471.

334 F.Supp. 557 (1971)

Harold A. MILLER and State Automobile and Casualty Underwriters, by Automobile Underwriters, Inc., Attorney in Fact, Plaintiffs, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, a corporation, and Betty M. Armstrong, Defendants.

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

December 16, 1971.

Attorney(s) appearing for the Case

Norman J. Backes, of Huseby & Backes, Fargo, N. D., and J. P. Dosland, of Dosland, Dosland & Nordhougen, Moorhead, Minn., for plaintiff Harold A. Miller.

Mart R. Vogel and C. Nicholas Vogel, of Wattam, Vogel, Vogel & Peterson, Fargo, N. D., for plaintiff State Automobile & Casualty Underwriters, Inc.

James D. Cahill, of Garrity, Cahill, Gunhus, Streed & Grinnell, Moorhead, Minn., and Harold A. Halgrimson, Fargo, N. D., for defendant National Farmers Union Property & Casualty Co.

Norman G. Tenneson and Lawrence A. Leclerc, Jr., of Tenneson, Serkland, Lundberg & Erickson, Fargo, N. D., for defendant Betty M. Armstrong.

MEMORANDUM

RONALD N. DAVIES, District Judge.

This is a declaratory judgment action which, in essence, seeks to have determined the respective obligations of two insurance carriers for the liability of the driver of a borrowed truck involved in an accident which caused serious injuries to the defendant Betty Armstrong and the death of her husband.

The record discloses that prior to May 30, 1969, the date of the accident, Harold A. Miller, operating...

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