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GEN. ACC. FIRE & LIFE ASSUR. v. FRITO-LAY CO.

No. 45776.

243 N.W.2d 726 (1976)

GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Appellant, v. FRITO-LAY COMPANY, Respondent, Phillip Halling and Richard Halling, d. b. a. Halling Agency, Inc., Respondents. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. FRITO-LAY COMPANY, Respondent, Halling Agency, Inc., Respondent.

Supreme Court of Minnesota.

June 11, 1976.

Attorney(s) appearing for the Case

Ross Muir and Jerome W. Perry, Rochester, for appellants.

Wm. J. Nierengarten, Austin, for Frito-Lay Co.

Dennis R. Peterson, Rochester, for Halling Agency, Inc.

Heard before SHERAN, C. J., and PETERSON and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Appeal from the judgment of the Olmsted County District Court dismissing appellants' actions and from its order denying a new trial. Both of these actions, which were consolidated for trial, arose out of a fire June 8, 1971, in a Rochester warehouse owned by respondents Phillip and Richard Halling, d. b. a. Halling Agency, Inc., and leased by respondent Frito-Lay Company. Appellants, both insurance companies...

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