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TRI-STATE INSURANCE COMPANY v. LUBBOCK MACHINE & SUPPLY COMPANY

Civ. No. 8619.

175 N.W.2d 658 (1970)

TRI-STATE INSURANCE COMPANY, Plaintiff, v. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation, Lubbock Manufacturing Company, Inc., a Corporation, Fargo Foundry & Steel Manufacturing Co., a Corporation, Roper Hydraulics, Inc., a Corporation, and Roper Industries, Inc., a Corporation, Defendants. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation, Defendant and Third-Party Plaintiff, v. SCRANTON EQUITY EXCHANGE, a Cooperative Association, L. P. Gas Transport Co., and Carl J. Austad & Son, a Corporation, Third-Party Defendants.

Supreme Court of North Dakota.

March 25, 1970.

Attorney(s) appearing for the Case

Conmy, Conmy, Rosenberg & Lucas, Bismarck, for plaintiff, Tri-State Ins. Co.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and third-party plaintiff Lubbock Machine & Supply Co. and defendant Lubbock Manufacturing Co.

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for defendant Fargo Foundry Steel & Manufacturing Co.

Frederick E. Saefke, Jr., Bismarck, for third-party defendant Scranton Equity Exchange.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for third-party defendants L. P. Gas Transport Co. and Carl J. Austad & Son.

STRUTZ, Judge.

Our decision in this action is governed by the opinion heretofore filed in the case of Scranton Grain Co. v. Lubbock Machine & Supply Co. et al., found in 175 N.W.2d 656 (N.D.1970).

Consideration of certified questions is refused, and the case is remanded.

TEIGEN, C. J., and PAULSON, ERICKSTAD and KNUDSON...

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