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ST. PAUL FIRE & MARINE INS. CO. v. THREE "D" SALES

Civ. No. A2-79-110.

518 F.Supp. 305 (1981)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. THREE "D" SALES, INC., a corporation; Leon F. Dubourt and C. Maurice Dunnigan, d/b/a Arctic Farms Company; and Jack Alderson & Robert Alderson, d/b/a Perfection Produce, Defendants.

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

July 16, 1981.

Attorney(s) appearing for the Case

Patrick J. Maddock, Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Ltd., Grand Forks, N. D., for plaintiff.

Patrick W. Fisher, Shaft, McConn, Fisher & Thune, Ltd., Grand Forks, N. D., for Three "D" Sales, Inc., Leon F. Dubourt, C. Maurice Dunningan, d/b/a Arctic Farms.

Richard A. Clapp, Letnes, Marshall & Fiedler, Ltd., Grand Forks, N. D., for Jack Alderson & Robert Alderson, d/b/a Perfection Produce.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Plaintiff in this diversity action seeks a judgment pursuant to 28 U.S.C. § 2201 declaring that under the provisions of insurance policies issued by it to defendants Three "D" Sales, Inc. (hereinafter referred to as Three "D" Sales), and Leon F. Dubourt and C. Maurice Dunnigan, d/b/a Arctic Farms Company (hereinafter referred to as Arctic Farms), plaintiff had no duty to defend or indemnify said defendants in...

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