BROWN v. STATE AUTO. & CAS. UNDERWRITERS

No. 49296.

293 N.W.2d 822 (1980)

Aaron L. BROWN, Respondent, v. STATE AUTOMOBILE & CASUALTY UNDERWRITERS, Appellant.

Supreme Court of Minnesota.

April 18, 1980.


Attorney(s) appearing for the Case

Barnett, Ratelle, Hennessy, Vander Vort Stasel & Herzog and W. Scott Herzog, Minneapolis, for appellant.

Sachs, Latz & Kirshbaum and Robert Latz, Minneapolis, for respondent.

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


KELLY, Justice.

Defendant, State Automobile & Casualty Underwriters, appeals from the decision of the district court granting plaintiff's, the insured's, motion for summary judgment and denying defendant's cross motion for summary judgment. We affirm in part and reverse and remand in part.

The facts giving rise to this declaratory judgment action arose out of an altercation between the insured, Aaron L. Brown, and Lawrence Hellendrung, Jr., a baggage clerk...

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