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ST. PAUL FIRE & MARINE INSURANCE COMPANY v. NYQUIST

No. 41669.

175 N.W.2d 494 (1970)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant, v. Wesley NYQUIST and Ellen Nyquist, Respondents, Linda Watson, a minor, by Floyd L. Watson, her guardian ad litem, Floyd L. Watson, and Patty Carlberg, a minor by Charles R. Carlberg, her guardian ad litem, and Charles Carlberg, Respondents, Terry Swenson, a minor, by Milo R. Swenson, his guardian ad litem, and Milo Swenson, Respondents.

Supreme Court of Minnesota.

Rehearing Denied April 7, 1970.

Attorney(s) appearing for the Case

Hammer, Weyl, Halverson & Watters, and Gerald Brown, Duluth, for appellant.

Milan S. Balach, Duluth, for Nyquist.

MacDonald & Munger, Duluth, for Watson.

Harper, Eaton & Gustafson, and Galen C. Wilson, Duluth, for Swenson.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON and Frank T. GALLAGHER, JJ. Consideration and decision based on briefs by entire court en banc.

OPINION

FRANK T. GALLAGHER, Justice.

This is an appeal from a declaratory judgment that an insurance policy issued by plaintiff company covered defendant Wesley Nyquist for an accident on April 17, 1967, when he was driving a 1960 Chevrolet owned by his mother, defendant Ellen Nyquist.

The insurance policy involved was issued to Wesley Nyquist by plaintiff, St. Paul Fire & Marine Insurance Company. Defendants claim that Mrs. Nyquist's 1960 Chevrolet...

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