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AMERICAN MOTORISTS INS. CO. v. SAMSON

No. 78-1805.

596 F.2d 804 (1979)

AMERICAN MOTORISTS INSURANCE COMPANY, Appellee, v. Richard A. SAMSON, Richard C. Samson, Dakota Rental and Sales, Inc., Rhonda L. Turner, a minor by and through her parent and natural guardian, LeRoy Turner, and LeRoy Turner, Individually, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Wickham Corwin, Conmy, Feste & Bossart, Ltd., Fargo, N. D., for appellants. Timothy Q. Davies, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., and Maurice G. McCormick, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., on brief.

James L. Lamb, Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Ltd., Grand Forks, N. D., for appellee. Gerald J. Haga, Grand Forks, N. D., on brief.

Before ROSS, STEPHENSON and HENLEY, Circuit Judges.

HENLEY, Circuit Judge.

This diversity case is before us on an appeal by defendants from a declaratory judgment in favor of the plaintiff by the United States District Court for the District of North Dakota (The Honorable Paul Benson, Chief Judge). The district court held that plaintiff, American Motorists Insurance Company, is not obligated to the defendants on the basis of a standard automobile policy issued by plaintiff to AVCO Financial Services of North Dakota...

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