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STATE AUTO. & CAS. UNDERWRITERS v. FARMERS INS.

No. 42340.

282 N.W.2d 601 (1979)

204 Neb. 414

STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, a corporation, Appellant, v. FARMERS INSURANCE EXCHANGE and Clayton W. Kline, Appellees.

Supreme Court of Nebraska.

August 21, 1979.

Attorney(s) appearing for the Case

Kutak Rock & Huie, Omaha, for appellant.

David A. Svoboda and Neil B. Danberg, Jr., of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellees.

John F. Thomas, of McGrath, North, O'Malley & Kratz, P.C., Omaha, for amicus curiae Blue Cross & Blue Shield.

Heard before BOSLAUGH, CLINTON, WHITE, and HASTINGS, JJ., and KORTUM, District Judge.

HASTINGS, Justice.

This is an appeal by the plaintiff, State Automobile and Casualty Underwriters, from an order of the District Court sustaining defendants' demurrer to State Auto's petition and dismissing the same. The motion for a new trial was overruled. State Auto assigns as error that: "The trial court erred in finding that State Auto did not have a cause of action against Farmers and Kline." (Emphasis supplied.) Apparently

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