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ST. PAUL FIRE AND MARINE INSURANCE CO. v. NORTHERN GRAIN CO.

No. 18295.

365 F.2d 361 (1966)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. NORTHERN GRAIN COMPANY et al., Appellee.

United States Court of Appeals Eighth Circuit.

August 17, 1966.

Attorney(s) appearing for the Case

Holton Davenport, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for appellant. Lyle J. Wirt and Deming Smith of the same firm, Sioux Falls, S. D., were with him on the brief.

Francis M. Smith, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for appellee, Northern Grain Co. Melvin T. Woods, Howell L. Fuller and John B. Shultz of the same firm, Sioux Falls, S. D., were with him on the brief.

Before VOGEL, Chief Judge, and MATTHES and MEHAFFY, Circuit Judges.

MATTHES, Circuit Judge.

This declaratory judgment action was instituted by Northern Grain Company, a corporation organized under the laws of South Dakota, against St. Paul Fire and Marine Insurance Company, a Minnesota corporation.1 Plaintiff, hereinafter referred to as Northern, prayed for a judgment declaring that it was insured under two insurance policies issued by defendant, hereinafter designated...

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