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GRUNDEEN v. UNITED STATES FIDELITY & GUARANTY CO.

Nos. 15555, 15556.

238 F.2d 750 (1956)

E. A. GRUNDEEN, doing business as Northwest Piano Company, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation, Appellee. Harry L. McFALL, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 4, 1956.

Attorney(s) appearing for the Case

Robert W. Palda, Minot, N. D. (Palda, Palda & Peterson, Minot, N. D., were on the brief), for appellant E. A. Grundeen, doing business as Northwest Piano Co.

Joseph J. Funke, Minot, N. D., for appellant Harry L. McFall.

Mart R. Vogel, Fargo, N. D. (Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., McGee & Van Sickle, and Richard H. McGee, Minot, N. D., were with him on the brief), for appellee.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.

SANBORN, Circuit Judge.

The appellants, who were defendants in the District Court, ask for the reversal of a declaratory judgment determining that a policy of automobile liability insurance issued by the United States Fidelity and Guaranty Company to E. A. Grundeen (under the name "Northwest Piano Company") upon his 1948 Dodge one-ton truck did not cover an accident which occurred near Leeds, North Dakota, on October 11, 1954, when an Oldsmobile automobile, owned...

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