FARMERS ELEVATOR MUT. INS. CO. v. CARL J. AUSTAD & SONS, INC.

No. 18273.

366 F.2d 555 (1966)

FARMERS ELEVATOR MUTUAL INSURANCE CO., Appellant, v. CARL J. AUSTAD & SONS, INC., a Corporation, Tri-State Insurance Company, a Corporation, L. P. Gas Transport Company, a Corporation, and Martha D. Tatro, Individually and as Trustee for the North Dakota Workman's Compensation Bureau, Appellees.

United States Court of Appeals Eighth Circuit.

September 29, 1966.


Attorney(s) appearing for the Case

Wm. R. Reichert, Dickinson, N. D., for appellant; Frederick Saefke, Jr., Bismarck, N. D., on the brief.

Patrick A. Conmy, Bismarck, N. D., for appellee Tri-State Insurance Co.

E. F. Engebretson, Bismarck, N. D., for appellees Carl J. Austad & Sons, Inc., and L. P. Gas Transport Co.

Before VAN OOSTERHOUT, BLACKMUN and GIBSON, Circuit Judges.


GIBSON, Circuit Judge.

This is a declaratory judgment action seeking construction of the omnibus insured clause of a liability insurance policy and requesting injunctive relief staying a state court action for damages for wrongful death. Plaintiff-Appellant Farmers Elevator Mutual Insurance Co. is the liability insurance carrier for Scranton Equity Exchange. It contends that the omnibus insured clause in a liability insurance...

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