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ECONOMY FORMS CORPORATION v. TRINITY UNIVERSAL INSURANCE COMPANY

Civ. No. 524.

234 F.Supp. 930 (1964)

ECONOMY FORMS CORPORATION, Plaintiff, v. TRINITY UNIVERSAL INSURANCE COMPANY and Employers Reinsurance Corporation, Defendants.

United States District Court D. North Dakota, Northwestern Division.

April 29, 1964.

Attorney(s) appearing for the Case

Herbert L. Meschke, of Pringle, Herigstad, Meschke, Loder, Mahoney & Purdy, Minot, N. D., and Val L. Schoenthal, of Brody, Parker, Roberts, Thoma & Harris, Des Moines, Iowa, for plaintiff.

Bruce M. Van Sickle, of McGee, Van Sickle & Hankla, Minot, N. D., and John Biersmith, of Rafter, Biersmith, Miller & Walsh, Kansas City, Mo., for defendants.

REGISTER, Chief Judge.

This matter is now before the Court on defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. By said motion, defendants contend that:

"1. Plaintiff did not as to time or form comply with the notice requirements of the instruments of bond upon which it purports to sue; compliance with which is as a matter of law an essential condition precedent to the granting of any relief herein;...

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