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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. O'BRIEN

No. 6-73-Civ-114.

380 F.Supp. 1279 (1974)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Bloomington, Illinois, a corporation, Plaintiff, v. George O'BRIEN et al., Defendants.

United States District Court, D. Minnesota, Third Division.

September 9, 1974.

Attorney(s) appearing for the Case

Gerald S. Rufer, Rufer, Hefte, Pemberton, Schulze & Sorlie, Fergus Falls, Minn., for plaintiff.

Curtis L. Charlson, Thief River Falls, Minn., for defendants.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

In this declaratory judgment action based on diversity jurisdiction submitted on cross motions for summary judgment, the issue is whether plaintiff's automobile insurance policy covering "use" of the insured truck contemplates liability to defendants for damages occasioned by its unauthorized movement by a six year old son of the insured under the stipulated facts. Briefs have been lodged.

The pertinent...

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