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FRANKLIN v. CARPENTER

Nos. 45648, 45719.

244 N.W.2d 492 (1976)

Charles G. FRANKLIN, as Trustee for the Estate of Kathryn A. Franklin, for the Benefit of the Heirs of Kathryn A. Franklin, et al., Respondents, v. Janet K. CARPENTER, defendant and third party plaintiff, Respondent, v. KEMPER SECURITY INSURANCE COMPANY, third party defendant, Appellant-Respondent, St. Paul Fire & Marine Insurance Company, third party defendant, Respondent-Appellant.

Supreme Court of Minnesota.

July 23, 1976.

Attorney(s) appearing for the Case

Van Eps, Gilmore & Chantry, Wayne D. Tritbough and Duane E. Arndt, Minneapolis, for Kemper Sec. Ins. Co.

Altman, Geraghty, Mulally & Weiss, Terence O'Loughlin, Frank Abramson and Robert M. Mahoney, St. Paul, for St. Paul Fire & Marine.

Cousineau, McGuire, Shaughnessy & Anderson and Stephen W. Shaughnessy, Minneapolis, for Franklin, et al.

Rider, Bennett, Egan, Johnson & Arundel, Chester D. Johnson, Lee Peterson, Randy J. Abbott and William J. George, Minneapolis, for Carpenter.

Heard before ROGOSHESKE, MacLAUGHLIN and MARSDEN, JJ., and considered and decided by the court en banc.

DAVID E. MARSDEN, Justice.*

Kemper Security Insurance Company and St. Paul Fire & Marine Insurance Company separately appeal following a declaratory judgment finding that they each insured Janet K. Carpenter on May 27, 1972, when an automobile she owned and was operating crashed, causing the death of Charles G. Franklin's wife and the injury of his children, all passengers therein. We affirm.

The facts with respect to Fire...

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