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FARM BUR. MUT. INS. CO. v. MILBANK MUT.

No. 48508.

284 N.W.2d 180 (1979)

FARM BUREAU MUTUAL INSURANCE COMPANY, Appellant, v. MILBANK MUTUAL INSURANCE COMPANY, Respondent, LeRoy NELSON, Respondent, Terrance E. Olson, defendant and third party plaintiff, Respondent, v. Ernest DUCKWITZ, et al., Third Party Defendants.

Supreme Court of Minnesota.

September 14, 1979.

Attorney(s) appearing for the Case

Thysell, Gjevre, McLarnan & Hannaher, Paul D. Skatvold, and Alden H. Gjevre, Moorhead, for appellants.

Cahill, Gunhus, Streed, Grinnell, Jeffries & Klinger and James D. Cahill, Moorhead, for Milbank Mut. Ins. Co.

Bruce E. Sherwood, Wheaton, for LeRoy Nelson.

I. L. Swanson, Elbow Lake, for Terrance E. Olson.

Heard by SHERAN, C. J., OTIS and YETKA, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This appeal is taken from a declaratory judgment entered by the District Court of Otter Tail County. The court ruled that Farm Bureau Mutual Insurance Company (Farm Bureau) was not entitled to recover indemnity from either of two defendants, LeRoy Nelson and Terrance E. Olson, for whose benefit it had paid excess coverage toward a wrongful death judgment in a separate lawsuit.1 Nelson and Olson had been found negligent with...

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