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DAIRYLAND INSURANCE CO. v. CONCRETE PRODUCTS CO.

No. 55182.

203 N.W.2d 558 (1973)

DAIRYLAND INSURANCE COMPANY, a corporation, Appellant, v. CONCRETE PRODUCTS COMPANY, a corporation, et al., Appellees, v. FIREMAN'S FUND INSURANCE COMPANY, a corporation, Interpleaded Defendant-Appellee.

Supreme Court of Iowa.

January 17, 1973.

Attorney(s) appearing for the Case

Kindig, Beebe, McCluhan, Rawlings & Carter by Maurice B. Nieland, Sioux City, for appellant.

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, by Marvin F. Heidman, Sioux City, for appellees Concrete Products Company and George Wayne Smith.

Ervin E. Nordstrom, Sioux City, for appellee Swen Swenson.

Heard before MOORE, C. J., and LeGRAND, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.

REYNOLDSON, Justice.

This declaratory judgment action arises from the following situation: On December 11, 1968 Swen Swenson drove his truck to Concrete Products Company (Concrete Products) premises to buy some blocks. George Wayne Smith, employee of Concrete Products, used a front end loader to pick up the first cement blocks destined for the truck. He moved the load to the back of Swenson's truck, then raised the blocks to the truck bed level and again moved forward...

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