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FARMER'S UNION CENT. EXCHANGE v. RELIANCE INS. CO.

Civ. Nos. A1-83-79, A1-83-96.

675 F.Supp. 1534 (1987)

FARMER'S UNION CENTRAL EXCHANGE, INC., a corporation, Plaintiff, v. RELIANCE INSURANCE COMPANY, a corporation, Defendant. and CONOCO, INC., a corporation, Plaintiff, v. RELIANCE INSURANCE COMPANY, a corporation, Defendant.

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

December 10, 1987.

Attorney(s) appearing for the Case

Philip L. Bruner and Patrick J. O'Connor, Jr., of Hart & Bruner, Minneapolis, Minn., also James S. Hill, of Zuger & Bucklin, Bismarck, N.D., as local counsel, for defendant Reliance Ins. Co.

Daniel L. Hovland, of Fleck, Mather, Strutz & Mayer, Ltd., Bismarck, N.D., for plaintiff Farmer's Union Central Exchange.

Charles S. Miller, Jr., of Fleck, Mather, Strutz & Mayer, Ltd., Bismarck, N.D., for plaintiff Conoco, Inc.

MEMORANDUM OF DECISION

MAGILL, Circuit Judge*.

This is a consolidated action by two oil companies against a surety of an asphalt paving contractor. The underlying facts are clearly and thoroughly set forth in a prior memorandum and order of this court,1 626 F.Supp. 583 (D.N.D.1985), and are hereby adopted and incorporated by reference. Additional facts will be...

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