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PHALEN PARK STATE BANK v. REEVES

No. 45882.

251 N.W.2d 135 (1977)

PHALEN PARK STATE BANK, Respondent, v. Jean J. REEVES et al., plaintiffs in intervention, Respondents, v. FCM INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

February 18, 1977.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and Mary Jeanne Coyne and O. C. Adamson, II, Minneapolis, for appellant.

Thomson, Lovett, Wahlfors & Moran and James L. Wahlfors, Bloomington, for Phalen Pk. St. Bk.

Jean Reeves and William Reeves, pro se., for Reeves, and others.

Heard before ROGOSHESKE, PETERSON, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an action brought by the Phalen Park State Bank (the bank) against FCM Insurance Company (FCM) to recover under the mortgage clause contained in a fire insurance policy issued by FCM to the bank's mortgagors, Jean J. and William Reeves (the insureds). The insureds intervened in the action as plaintiffs asserting their claim to the insurance proceeds. The case was tried before a jury February 18, 1975. At the conclusion of the trial, the court...

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