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NATIONAL FARMERS UNION v. NODAK MUT. INS.

No. A3-81-56.

528 F.Supp. 1093 (1981)

NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Plaintiff, v. NODAK MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. North Dakota, Southeastern Division.

December 29, 1981.

Attorney(s) appearing for the Case

Carlton J. Hunke, Vogel Law Firm, Fargo, N. D., for plaintiff.

Duane H. Ilvedson, Nilles Law Firm, Fargo, N. D., for defendant.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

The above entitled diversity action arises out of payments made by plaintiff to its insured, Joseph Henkenius, pursuant to an automobile insurance policy conforming with the North Dakota Auto Accident Reparations Act (the no-fault law), N.D.Cent. Code ch. 26-41. Plaintiff seeks to recover payments made to Joseph Henkenius, contending that defendant is primarily liable for the payments.

The parties have filed...

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