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

Civ. No. 1080.

338 F.Supp. 430 (1972)

NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Plaintiff, v. Clarence GIBBONS, Defendant, and Steven Lesselyoung, Intervening Defendant.

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

January 19, 1972.

Attorney(s) appearing for the Case

Leonard H. Bucklin, Zuger, Bucklin & Zuger, Bismarck, N. D., for plaintiff.

Curtis W. Hanks, Lemmon, S. D., for defendant Clarence Gibbons; F. John Smith, Bismarck, N. D., of counsel.

James A. Clement, Hettinger, N. D., and Johnson & Kelley, Lemmon, S. D., for defendant Steven Lesselyoung.

AMENDED MEMORANDUM AND ORDER

REGISTER, Senior District Judge.

In this action, brought pursuant to the provisions of 28 U.S.C.A., Section 2201, Plaintiff seeks a judgment declaring 1) that it has no obligation to defend Defendant Gibbons in a lawsuit against him by Intervening Defendant Lesselyoung, and 2) that it has no obligation to pay any judgment which might be rendered against Gibbons in the lawsuit against him by Lesselyoung. Diversity jurisdiction...

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