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R AND O ELEVATOR CO. v. BITUMINOUS CASUALTY CORP.

No. 4-59 Civ. 178.

194 F.Supp. 452 (1960)

R AND O ELEVATOR COMPANY, Inc., a corporation, Plaintiff, and S. J. D., Inc., et al., Additional Parties Plaintiff, v. BITUMINOUS CASUALTY CORPORATION, a corporation, Defendant.

United States District Court D. Minnesota, Fourth Division.

June 21, 1960.

Attorney(s) appearing for the Case

The plaintiff, R and O Elevator Company, Inc., hereinafter referred to as R and O, brings this action against the Bituminous Casualty Corporation, an insurance company, seeking a declaratory judgment with respect to its rights and liabilities under a certain insurance policy.

O. A. Brecke and J. Robert Nygren, Minneapolis, Minn., for plaintiff.

Maugridge S. Robb, of Robb, Robb & Van Eps, Minneapolis, Minn., for defendant.

NORDBYE, District Judge.

It has been alleged in the complaint and established at the trial herein that the Kasota Office Building in downtown Minneapolis is owned by S. J. D., Inc., a party plaintiff impleaded by the defendant insurance company, hereafter referred to as Bituminous. That building had two elevators, one freight and one passenger. On October 14, 1958, the passenger elevator, while in motion on one of the...

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