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AUSTIN MUT. INS. CO. v. MODERN SERVICE INS. CO.

No. 46353.

255 N.W.2d 224 (1977)

AUSTIN MUTUAL INSURANCE COMPANY, et al., Appellants, v. MODERN SERVICE INSURANCE COMPANY, Respondent, James Lee Lundquist, Respondent.

Supreme Court of Minnesota.

April 29, 1977.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, Henry A. Cousineau, Jr., Harold J. W. Sweet, Minneapolis, for appellants.

Quinlivan & Williams, Gerald G. Williams and Daniel Rethmeier, St. Cloud, for Modern Serv. Ins. Co.

Angstman, Loren & Schaupp, and Norman J. Loren, Mora, for Lundquist.

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

KELLY, Justice.

Plaintiffs appeal from a declaratory judgment of the Kanabec County District Court holding that an insurance policy issued by defendant insurance company provides no liability coverage for claims arising out of the accident that generated this action. We affirm.

Defendant James Lundquist was the owner and operator of a car that was involved in an accident on June 24, 1972. Plaintiff Dale Roeschlein, a passenger in Lundquist's car, sustained...

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