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FARMERS ELEVATOR MUT. INS. CO. v. CARL J. AUSTAD & SONS, INC.

Civ. No. 562.

238 F.Supp. 243 (1964)

FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, a corporation, Plaintiff, v. CARL J. AUSTAD & SONS, INC., a corporation, Tri-State Insurance Company, a corporation, L. P. Gas Transport Company, a corporation, and Martha D. Tatro, individually and as Trustee for the North Dakota Workmen's Compensation Bureau, Defendants.

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

February 13, 1964.

Attorney(s) appearing for the Case

William R. Reichert, Dickinson, N. D., and Frederick Saefke, Jr., Bismarck, N. D., for plaintiff.

Patrick A. Conmy, Conmy & Conmy, Bismarck, N. D., for defendant Tri-State Ins. Co.

Cox, Pearce, Engebretson, Murray & Anderson, Bismarck, N. D., for defendants Carl J. Austad & Sons, Inc., and L. P. Gas Transport Co.

Reichert & Howe, Dickinson, N. D., for defendant Martha D. Tatro.

REGISTER, Chief Judge.

This is an action for a declaratory judgment to determine questions of liability and priority of liability of two insurers, arising from the death of Harry Tatro. There is no factual dispute. Jurisdiction is based upon diversity of citizenship and the requisite amount in controversy.

Defendant Carl J. Austad & Sons, Inc. (hereinafter called Austad) is a corporation engaged in the transportation...

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