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UNIVERSAL UNDER. INS. CO. v. STATE FARM MUT. A. INS. CO.

No. 12692.

531 P.2d 668 (1975)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a corporation, Plaintiff and Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, and Herbert Solle, Individually and as Administrator of the Estates of David Solle and Gregory Solle, Deceased, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided February 5, 1975.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Sherman V. Lohn (argued), Worden, Thane, Haines & Williams, Shelton C. Williams (argued), Ronald A. Bender (argued), Missoula, Longan, Holmstrom & Cebull, Billings, for defendants and appellants.

Anderson, Symmes, Forbes, Peete & Brown, Rockwood Brown, Jr. (argued), Billings, for plaintiff and respondent.

DALY, Justice.

Plaintiff Universal Underwriters Insurance Company filed its complaint June 12, 1973, in the district court, Missoula County, seeking declaratory relief. All of the defendants appeared and filed answers. It was agreed between the parties that the matter would be submitted upon an agreed statement of facts.

The court on November 13, 1973, entered its findings of fact, conclusions of law and judgment declaring that defendants John D'Orazi, Sr...

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