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NORTH RIVER INS. CO. v. ST. PAUL FIRE & M. INS.

No. 78-1903.

600 F.2d 721 (1979)

NORTH RIVER INSURANCE COMPANY, Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1979.

Rehearing and Rehearing Denied August 1, 1979.

Attorney(s) appearing for the Case

Gerald L. Reade, Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, S. D., for appellant.

Deming Smith, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellee.

Before BRIGHT, HENLEY and McMILLIAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 1, 1979.

HENLEY, Circuit Judge.

This is the third suit in federal court in the District of South Dakota that has arisen from a serious motor vehicle collision that occurred in August, 1971. One of the vehicles involved was an automobile being operated by Robert Lowry, whose wife is Janel J. Lowry. The other vehicle was a tractor-trailer owned by Cochran, Inc. and being...

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