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MAGNUSSON v. AMERICAN ALLIED INSURANCE COMPANY

No. 42517.

189 N.W.2d 28 (1971)

Cyrus E. MAGNUSSON, as Commissioner of Insurance of State of Minnesota, Respondent, v. AMERICAN ALLIED INSURANCE COMPANY, Defendant, Homer A. Bonhiver, receiver for American Allied Insurance Company, Respondent. In re Claim No. 002080, UNITED BENEFIT FIRE INSURANCE COMPANY in liquidation, by the Nebraska Insurance Department, claimant, Appellant.

Supreme Court of Minnesota.

July 9, 1971.

Attorney(s) appearing for the Case

Keefe, Schantzen & Bradford, Hutchinson, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, for Cyrus E. Magnusson.

Briggs & Morgan and Samuel Hanson, St. Paul, for Homer A. Bonhiver.

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

OPINION

CLARENCE A. ROLLOFF, Justice.*

Appeal from an order of the district court disallowing and dismissing with prejudice the claim of United Benefit Fire Insurance Company.

On August 4, 1965, American Allied Insurance Company, hereafter referred to as Allied, was adjudged insolvent, and respondent, Homer A. Bonhiver, was appointed as receiver. See, Magnusson v. American Allied Ins. Co., 282 Minn. 287,

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