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NAT. INDEM. CO. v. MUT. SERVICE CAS. CO.

No. 51186.

311 N.W.2d 856 (1981)

NATIONAL INDEMNITY COMPANY, Appellant, v. MUTUAL SERVICE CASUALTY COMPANY, Respondent.

Supreme Court of Minnesota.

November 6, 1981.

Attorney(s) appearing for the Case

Schermer, Schwappach, Borkon & Ramstead and Barbara Heck, Minneapolis, for appellant.

Lommen, Nelson, Sullivan & Cole and Thomas Jacobson, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

This is an appeal by plaintiff National Indemnity Company from a summary judgment in favor of Mutual Service Casualty Company. The issues raised are whether Minn.Stat. § 65B.53, subd. 1 (1978), which permits indemnity for economic loss benefits paid, from the insurer of a commercial vehicle, denies equal protection of the laws, and whether Minn.Stat. § 65B.53, subd. 4 (1980), which requires arbitration...

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