TRANSAMERICA INSURANCE CO. v. CANNON-LOWDEN CO.

No. CV 74-8-GF.

400 F.Supp. 817 (1975)

TRANSAMERICA INSURANCE COMPANY, a corporation, Plaintiff, v. CANNON-LOWDEN COMPANY, a partnership, et al., Defendants.

United States District Court, D. Montana, Great Falls Division.

October 6, 1975.


Attorney(s) appearing for the Case

Smith, Emmons, Baillie & Walsh, Great Falls, Mont., for plaintiff.

Church, Harris, Johnson & Williams, Great Falls, Mont., for all defendants Lowden.

Towe, Neely & Ball, Billings, Mont., for all other defendants.


OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

The post-trial motions of the defendants, and their objection to the form of judgment submitted, are all denied.

In this declaratory judgment action to determine liability under an insurance policy, the evidence showed without contradiction that Freda Lowden (the insured), traveling at a speed in excess of 60 miles per hour, drove out of her lane of traffic and directly into the path of the tractor...

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