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LIBERTY MUTUAL INSURANCE CO. v. JOHNSON, DRAKE & PIPER, INC.

No. 18734.

390 F.2d 410 (1968)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. JOHNSON, DRAKE & PIPER, INC., Modern Erecting Co., Harlan Stowe and Wesley P. Janshen, and Continental Casualty Company and Aetna Casualty and Surety Company, Appellees.

United States Court of Appeals Eighth Circuit.

March 8, 1968.

Attorney(s) appearing for the Case

Francis W. Van Eps, of Robb, Robb, and Van Eps, Minneapolis, Minn., for appellant.

Wright W. Brooks, of Faegre & Benson, Minneapolis, Minn., for appellees Modern Erecting Co. and Aetna Casualty and Surety Co.

Dale I. Larson, of Robins, Davis & Lyons, Minneapolis, Minn., for appellee Wesley P. Janshen.

John G. Kressel, of Ryan, Kain & Kressel, Minneapolis, Minn., for appellees Johnson, Drake & Piper, Inc. and Continental Casualty Co.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This appeal is from a Minnesota federal district court judgment upon a declaratory judgment action and involves the interpretation of an automobile liability insurance policy covering the use of a ready-mix concrete truck.

In an opinion reported in 258 F.Supp. 603 (D.Minn.1966), the district court held that appellant, Liberty Mutual Insurance Company, was liable under its policy covering a ready...

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