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MILBANK MUTUAL INSURANCE COMPANY v. SCHMIDT

No. 16985.

304 F.2d 640 (1962)

MILBANK MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. Peter M. SCHMIDT et al., Appellees.

United States Court of Appeals Eighth Circuit.

June 30, 1962.

Attorney(s) appearing for the Case

Clifford Jansonius, of Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, N. D., for appellant.

Robert Vogel, of Vogel, Ulmer & Bair, Mandan, N. D., for appellees.

Before VOGEL, VAN OOSTERHOUT and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Prior to the commencement of the instant action, Genevieve Vandenburg and Orrellis Butler, Administrator, were awarded judgments in the total amount of $34,844 against Peter M. Schmidt for damages occasioned by his negligent operation of an automobile on April 8, 1960. Thereafter, Schmidt, Vandenburg and Butler brought suit against Milbank Mutual Insurance Company, hereinafter referred to as defendant. Judgment was rendered against defendant...

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