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ST. PAUL INS. v. FIREMAN'S FUND AM. INS.

No. 45879.

245 N.W.2d 209 (1976)

ST. PAUL INSURANCE COMPANIES, Appellant, v. FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, Respondent, Peavey Company, Respondent, Commodity Credit Corporation, Respondent, Harold Hoffman et al., Respondents, Alvin Blaalid et al., Respondents, Jerome Klinger, Respondent, C. Merton Anderson, Respondent, Philip Zeise et al., Respondents, Norbert Brey, Respondent.

Supreme Court of Minnesota.

August 6, 1976.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II, and James F. Roegge, Minneapolis, for appellant.

Erickson, Zierke, Kuderer, Utermarck & McKenna and Charles R. Zierke, Fairmont, Fisher, Patterson, Sayler & Smith, C. Keith Sayler, Topeka, Kan., for Fireman's Fund Am. Ins. Co.

Lindquist & Vennum and Harry C. Piper III, Minneapolis, for Peavey Co.

Thorwald Anderson, Asst. U.S. Atty., Minneapolis, for Comm. Credit Corp.

Gavin, Gavin & Olson and Michael M. Gaven, Glencoe, for Hoffman, et al.

Edward A. Nierengarten and Randall E. T. Kroening, New Ulm, for Klinger.

Kunz & Mueller, A. R. Mueller, New Ulm, for Brey.

Heard before KELLY, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

This is an interpleader action by St. Paul Fire and Marine Insurance Company (St. Paul) to determine its liability under three public local grain warehouseman's bonds issued to Lafayette Farm Services, Inc. (Lafayette). The trial court concluded that St. Paul was liable on the surety bonds and entered judgment in favor of the claimants. We affirm the conclusion that St. Paul is liable on the surety bonds but instruct the trial court to vacate...

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