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APPLEGREN v. MILBANK MUT. INS. CO.

Civ. No. 9439.

268 N.W.2d 114 (1978)

W. E. APPLEGREN and Marvin Applegren, doing business as Applegren Construction, Inc., Plaintiffs and Appellees, v. MILBANK MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

June 28, 1978.

Attorney(s) appearing for the Case

Mack, Moosbrugger, Leonard & Ohlsen, Grand Forks, for plaintiffs and appellees; argued by Shirley A. Dvorak, Grand Forks.

Letnes, Marshall & Hunter, Grand Forks, for defendant and appellant; argued by F. John Marshall, Grand Forks.

SAND, Justice.

Milbank Mutual Insurance Company, of Milbank, South Dakota [hereinafter Milbank], appealed from a Grand Forks County district court judgment which held that Milbank breached a duty to defend Applegren Construction, Inc. [hereinafter Applegren, Inc.], in a prior action against them by Crookston Electric Motor and Marine.

Milbank also appealed from an order denying its motion to amend findings of fact...

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