WYATT v. NORTHWESTERN MUTUAL INSURANCE CO. OF SEATTLE

No. 4-69 Civ. 186.

304 F.Supp. 781 (1969)

Richard L. WYATT and Marie G. Wyatt, Plaintiffs, v. NORTHWESTERN MUTUAL INSURANCE CO. OF SEATTLE, Defendant and Third-Party Plaintiff, v. J. A. DANENS AND SON, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. POPPLER-CARDARELLE, INC., Fourth-Party Defendant.

United States District Court D. Minnesota, Fourth Division.

October 7, 1969.


Attorney(s) appearing for the Case

Robins, Davis & Lyons, by James L. Fetterly, Minneapolis, Minn., for plaintiffs.

Mordaunt, Walstad, Cousineau & McGuire, by Harold J. W. Sweet, Minneapolis, Minn., for defendant.

Meagher, Geer, Markham & Anderson, by Wm. Robert Nelson, Minneapolis, Minn., for third-party defendant.

Richards, Montgomery, Cobb & Bassford, by Nathan A. Cobb, Minneapolis, Minn., for fourth-party defendant.


NEVILLE, District Judge.

This matter is before the court on defendant's motion for summary judgment asserting that there is no genuine issue of material fact as to the assertions made in plaintiff's complaint. Diverse citizenship and appropriate amount in controversy are present.

Plaintiffs, homeowners in Minnesota, allege that they purchased from defendant insurance company, a foreign corporation, what is known as an all risk homeowners' insurance policy...

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