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LANOUE v. FIREMAN'S FUND AM. INS. COMPANIES

No. 48272.

278 N.W.2d 49 (1979)

Roger LANOUE, Individually and d. b. a. Rog & Jim's Superette, and Rog & Jim's, Inc., Appellants, v. FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, Respondent, State Automobile and Casualty Underwriters, Respondent, Donald L. Anderson et al., Respondents, Richard D. Taaffe, Individually and d. b. a. Pixie Liquors, Respondent, Speedy Market Incorporated, Respondent, Jeffrey Lindsholm et al., Respondents, Daniel O'Brien et al., Respondents, Greg Orthun et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied May 9, 1979.

Attorney(s) appearing for the Case

Meyer, Nelson & Miller, Rolf T. Nelson and Roger N. Eye, Robbinsdale, for appellants.

Barnett, Ratelle, Hennessy, Vander Vort, Stasel & Herzog, and W. Scott Herzog, Minneapolis, for Fireman's Fund American Ins. Companies.

Murnane, Murnane, Conlin & White and Lance B. Nyberg, St. Paul, for State Automobile and Casualty Underwriters.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Anderson et al.

George S. Roth, Minneapolis, for Taaffe et al.

Paul G. Donlin, St. Paul, for Speedy Market, Inc.

Mark A. Fonken, St. Paul, for Lindsholm et al.

Thomas F. Meany, Minneapolis, for O'Brien et al.

David F. Fitzgerald, Minneapolis, for Orthun et al.

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

OPINION

KELLY, Justice.

This is an appeal by the insureds, Roger Lanoue and Rog and Jim's Inc., from a declaratory judgment holding that the insurers, Fireman's Fund American Insurance Companies and State Automobile and Casualty Underwriters, were not obligated to defend a suit on behalf of the insureds and that the insureds were not entitled to the attorneys fees, costs, and disbursements incurred in their defense...

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