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HAGUE v. ALLSTATE INS. CO.

No. 47874.

289 N.W.2d 43 (1978)

Lavinia HAGUE, Personal Representative of the Estate of Ralph Alvin Hague, Deceased, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Supreme Court of Minnesota.

On Rehearing August 31, 1979.

Attorney(s) appearing for the Case

Bell, Stapleton & Nolan, Mark M. Nolan and Peter J. McCall, St. Paul, for appellant.

Fred Burstein and Bruce J. Douglas, Minneapolis, Samuel H. Hertogs, Hastings, and William H. Kuretsky, Minneapolis, for respondent.

Grose, Von Holtum, Von Holtum, Sieben & Schmidt and David A. Stofferahn, Minneapolis and Stanley Karon, President, and Monte M. Miller, Chairman, St. Paul, for Minn. Trial Lawyers Assn.

Jack Davies, Professor of Law, St. Paul, for amicus.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc; reheard and decided by the court en banc.

YETKA, Justice.

Appeal by defendant, Allstate Insurance Co., from an order of the district court granting plaintiff's motion for summary judgment and denying defendant's motion to dismiss.1 We affirm.

The facts are not in dispute. The cause of action upon which this case is based arises out of an automobile and motorcycle accident which occurred on July 1, 1974, in Pierce County, Wisconsin, which is immediately adjacent to the...

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