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FIDELITY & CAS. CO. OF N.Y. v. ALLSTATE INSURANCE CO.

No. 39807.

146 N.W.2d 869 (1966)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

December 2, 1966.

Attorney(s) appearing for the Case

Lasley, Foster & Roehrdanz, Minneapolis, for relator.

O'Connor, Green, Thomas, Walters & Kelly, Minneapolis, for respondent.

OPINION

SHERAN, Justice.

The appeal is from a judgment of the district court.

The issue for decision is whether an accident which occurred on October 4, 1958, at Madison Lake, Minnesota, arose out of the ownership, maintenance, or use of a truck insured by Allstate Insurance Company (Allstate). The relevant facts are these:

On October 4, 1958, at about 11 a.m., Russell Christensen drove his truck filled with soybeans to the Archer Daniels...

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