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CARPOLE'S INC. v. INSURANCE CO. OF NORTH AMERICA

Civ. No. 6-81-825.

544 F.Supp. 6 (1982)

CARPOLE'S INC., a Minnesota corporation, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, D. Minnesota, Sixth Division.

April 23, 1982.

Attorney(s) appearing for the Case

Patrick J. Neaton, Hutton, Kennedy & Neaton, P. A., Minneapolis, Minn., for plaintiff.

George W. Flynn, James Duffy O'Connor, Faegre & Benson, Minneapolis, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Senior District Judge.

This matter is before the court on defendant's motion for summary judgment. This is a declaratory judgment action originally brought in state court and removed to this court on the basis of diversity of citizenship.

Plaintiff Carpole's Inc. ("Carpole's") manufactures and sells liquid fish fertilizer. Prior to April 1980, plaintiff sold 1500 gallons of fertilizer in five gallon plastic containers...

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