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NATIONAL FARMERS U. P. & C. CO. v. GENERNAL GUAR. INS. CO.

No. 11291.

434 P.2d 708 (1967)

NATIONAL FARMERS UNION PROPERTY & CASUALTY COMPANY and Russell Salisbury, Plaintiffs and Appellants, v. GENERAL GUARANTY INSURANCE CO., and Clifford Lingen, Defendants and Respondents. James WILCOX, Plaintiff and Appellant, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY CO. et al., and Guaranty Ins. Co. et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 1, 1967.

Attorney(s) appearing for the Case

Hoyt & Bottomly, Great Falls, Richard V. Bottomly (argued), Great Falls, Loble, Picotte, Fredricks & Smith, Helena, Gene Picotte (argued), Helena, for appellants.

Jardine, Stephenson, Blewett & Weaver, Great Falls, John Stephenson (argued), Great Falls, for respondents.

JAMES T. HARRISON Chief Justice.

This is an appeal by the plaintiffs from an adverse judgment in a declaratory judgment action. The action was brought to declare that, in respect to an accident occurring on March 9, 1964, defendant-respondent General Guaranty Insurance Company's coverage was "primary" and plaintiff-appellant National Farmers Union Property & Casualty Company's coverage was "excess."

Lingen was insured by General Guaranty Insurance Company...

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