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KYLLO v. NORTHLAND CHEMICAL CO.

Civ. No. 8871.

209 N.W.2d 629 (1973)

Robert L. KYLLO, et al., Plaintiffs, v. NORTHLAND CHEMICAL CO., Defendant, Third-Party Plaintiff and Appellant, v. DIAMOND ALKALI CORPORATION, a corporation, Third-Party Defendants, and Insurance Company of North America, Third-Party Defendants and Respondents.

Supreme Court of North Dakota.

July 12, 1973.

Attorney(s) appearing for the Case

Garry A. Pearson, Grand Forks, for defendant, third-party plaintiff and appellant, Northland Chemical Co.

Stokes, Vaaler, Gillig, Warcup & Woutat, Grand Forks, for third-party defendants and respondents, Ins. Co. of North America.

PAULSON, Judge.

This is an appeal from a judgment of the Grand Forks County District Court which held that Northland Chemical Company [hereinafter Northland] was not protected by its liability insurance policy from judgments rendered against it for the failure of its products to perform as expected, and that the Insurance Company of North America [hereinafter INA] had no duty to defend Northland in actions brought by customers of Northland who were displeased with...

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