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HARTFORD FIRE INS. CO. v. SWINGEN CONST. CO., INC.

Civ. No. A3-75-7.

420 F.Supp. 500 (1976)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. SWINGEN CONSTRUCTION COMPANY, INC. and Skjonsby Truck Line, Inc., Defendants.

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

February 10, 1976.

Attorney(s) appearing for the Case

James D. Cahill, Garrity, Cahill, Gunhus, Streed, Grinnell & Jeffries, Moorhead, Minn., for plaintiff; Harold A. Halgrimson, Fargo, N. D., of counsel.

James L. Lamb, Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, N. D., for Swingen Const.

Timothy Q. Davies, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for Skjonsby Truck Line.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

This is a Section 2201 declaratory judgment diversity action, wherein Plaintiff is seeking a declaration of rights and liability under a contract of insurance covering the statutory liability of a common carrier of property pursuant to Chapter 8-09, North Dakota Century Code. The justiciable controversy arises from a claim for loss of use of a crane that was...

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