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BAUERLE v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

Civ. No. 8315.

153 N.W.2d 92 (1967)

Myrtle BAUERLE, Plaintiff and Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY OF BLOOMINGTON, ILLINOIS, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

September 20, 1967.

Attorney(s) appearing for the Case

Melvin Christianson, of Foughty & Christianson, Devils Lake, for plaintiff and respondent.

Mart R. Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendant and appellant.

CLIFFORD JANSONIUS, District Judge.

This matter comes before the Court on a stipulation of facts and evidence contained in several depositions. The facts, while rather complex, are only in dispute so far as the use of the truck is concerned and whether or not it should be defined as a "commercial automobile" and within the exclusionary provisions of an insurance policy. At the time of the accident resulting in the death of plaintiff's husband, it is admitted that...

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