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ST. PAUL FIRE & MARINE INS. CO. v. WABASH FIRE & CAS. INS. CO.

Civ. No. 3-65-333.

264 F.Supp. 637 (1967)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff, v. WABASH FIRE AND CASUALTY INSURANCE COMPANY, Defendant.

United States District Court D. Minnesota, Third Division.

March 2, 1967.

Attorney(s) appearing for the Case

Altman, Geraghty, Leonard & Mulally, by Ralph E. Koenig, St. Paul, Minn., for plaintiff.

Dudley, Smith, Copeland & Belisle, by G. William Smith, St. Paul, Minn., for defendant.

MEMORANDUM DECISION

MILES W. LORD, District Judge.

As subrogee to the rights of Olson Transfer Company, St. Paul Fire and Marine Insurance Company seeks to recover as an omnibus insured under a policy of insurance issued by Wabash Fire and Casualty Insurance Company to Bluff City Lumber Company. Wabash Fire and Casualty Insurance Company denies coverage on the following grounds:

(1) That Olson Transfer Company is not an omnibus insured because the...

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