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NATIONAL FARMERS UNION PROP. & CAS. CO. v. NYBORG

No. 42458.

186 N.W.2d 702 (1971)

NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Appellant, v. Calvin NYBORG, individually and as parent and natural guardian of Robert Dean Nyborg, a minor, Respondent, Harley William Salzwedel, Respondent, Elmer Deutschman, Respondent.

Supreme Court of Minnesota.

April 30, 1971.

Attorney(s) appearing for the Case

Erickson, Zierke, Kuderer, Utermarck & Sinor, Fairmont, for appellant.

Muir, Lundblad, Meyer & Storey, Jackson, for Nyborg.

Winzenburg & Halloran, Jackson, for Salzwedel.

John W. Flynn, Fairmont, Thomas Mooney, St. Paul, for Deutschman.

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

OPINION

ROGOSHESKE, Justice.

Appeal from a declaratory judgment ordering plaintiff insurance company, which carried an automobile liability policy on defendant Harley William Salzwedel, to defend any suit and pay any judgment rendered against insured by reason of his liability arising out of an accident in which he was involved on June 5, 1966.

Two issues are raised: (1) Whether at the time of the accident the 1960 Chevrolet station wagon which insured...

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