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ARGONAUT INS. CO. v. COOPER

No. 47612.

261 N.W.2d 743 (1978)

ARGONAUT INSURANCE COMPANY, Appellant, v. Thomas E. COOPER, judgment debtor, Respondent, Ralph W. Talbot, Sheriff of Anoka County, Respondent.

Supreme Court of Minnesota.

January 6, 1978.

Attorney(s) appearing for the Case

Buchmeier, Kavaney & Wilcox and J. Patrick Wilcox, St. Paul, for appellant.

Barna, Guzy, Terpstra, Merrill & Giancola, and Gabriel D. Giancola, Fridley, for Thomas E. Cooper.

Considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from an order of the district court denying a petition of the Argonaut Insurance Company (Argonaut) for a peremptory writ of mandamus ordering the sheriff of Anoka County to execute upon and sell a certain office building owned by Thomas E. Cooper, a judgment debtor. We reverse.

Appellant Argonaut and respondent Cooper entered into a general indemnity agreement which provided that Cooper would indemnify Argonaut against any...

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