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FARMERS INS. EXCH. v. MIDWEST EMERY FRGT. SYS., INC.

No. 44184.

215 N.W.2d 623 (1974)

FARMERS INSURANCE EXCHANGE, et al., Respondents, v. MIDWEST EMERY FREIGHT SYSTEMS, INC., et al., Appellants.

Supreme Court of Minnesota.

February 22, 1974.

Attorney(s) appearing for the Case

Jardine Logan & O'Brien and Graham N. Heikes, St. Paul, for appellants.

Murnane, Murnane, Battis & Conlin and Thomas M. Conlin, St. Paul, for respondents.

Heard before KNUTSON, C. J., and PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court.

SCOTT, Justice.

Appeal from a summary judgment in favor of plaintiffs. We reverse.

The facts are before us by stipulation of April 19, 1972:

"That on the 16th day of November, 1968, the plaintiff Alfred A. Turenne was the operator of a 1965 General Motors truck with the permission and consent of the owner, Rentar Trailer and Container Corporation, a Nebraska corporation, and that it had been leased to Midwest Emery Freight Systems under the terms...

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