REPUBLIC NAT. LIFE INS. v. MARQUETTE BANK

No. 50342.

295 N.W.2d 89 (1980)

REPUBLIC NATIONAL LIFE INSURANCE COMPANY, Appellant, v. MARQUETTE BANK & TRUST COMPANY OF ROCHESTER, Respondent.

Supreme Court of Minnesota.

July 3, 1980.


Attorney(s) appearing for the Case

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Craig A. Beck, and Jill A. Smith, Rochester, for appellant.

Levitt, Palmer, Bowen, Rotman & Share and J. Patrick McDavitt, Minneapolis, for respondent.

Heard before ROGOSHESKE, PETERSON, and TODD, JJ., and considered and decided by the court en banc.


PETERSON, Justice.

Plaintiff, Republic National Life Insurance Company (Republic), brought an action against defendant, Marquette Bank and Trust Company of Rochester (Marquette),1 for a declaratory judgment to determine the enforceability of an option to purchase an office building. On cross-motions for summary judgment, the district court rejected Marquette's contention that there was no justiciable controversy but found the option was...

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