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STERLING STATE BANK v. VIRGINIA SURETY COMPANY

No. 41753.

173 N.W.2d 342 (1969)

STERLING STATE BANK, Appellant, v. VIRGINIA SURETY COMPANY, Respondent.

Supreme Court of Minnesota.

December 19, 1969.

Attorney(s) appearing for the Case

Plunkett & Peterson, Rochester, for appellant.

George W. Delaney, Rochester, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.

OPINION

MURPHY, Justice.

This is an appeal from a judgment and from an order of the trial court denying plaintiff's motion for a new trial. The issues grow out of a claim by plaintiff, Sterling State Bank, against defendant, Virginia Surety Company, for recovery under a loss-payable clause of a theft insurance policy covering a stolen truck. Plaintiff contends that the trial court erred in granting judgment for...

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