GLACIER GEN. ASSUR. CO. v. CAS. INDEM. EXCHANGE

Civ. No. 75-4-M.

435 F.Supp. 855 (1977)

GLACIER GENERAL ASSURANCE COMPANY, a Montana Corporation, Plaintiff, v. CASUALTY INDEMNITY EXCHANGE, a Missouri multiple line reciprocal insurer, et al., Defendants.

United States District Court, D. Montana, Missoula Division.

August 11, 1977.


Attorney(s) appearing for the Case

Dexter L. Delaney, Mulroney, Delaney, Dalby & Mudd, Missoula, Mont., for plaintiff.

Sherman V. Lohn, Garlington, Lohn & Robinson, Missoula, Mont., for defendants.


OPINION

RUSSELL E. SMITH, Chief Judge.

The opinion in this case filed March 2, 1977, is withdrawn, and the judgment entered May 2, 1977, is vacated.

By a motion to amend the judgment, plaintiff strenuously asserts a right to rescission of a loss fund agreement, and in support of its right to rescind, states that the money judgment heretofore awarded is inadequate relief because the defendants are insolvent.

Plaintiff is entitled to monetary...

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