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PETERSON v. KLUDT

Nos. 81-247, 81-256.

317 N.W.2d 43 (1982)

Denton PETERSON, et al., Respondents, Shelby Mutual Insurance Company, Respondent, v. C. W. KLUDT, Special Administrator of the Estate of Joseph Lyczewski, deceased, Respondent, Burlington Northern Railroad, Respondent, Western National Mutual Insurance Company, Respondent, General Casualty Company of Wisconsin, Appellant (81-256)-Respondent (81-247), State Farm Mutual Insurance Company, Appellant (81-247)-Respondent (81-256). BURLINGTON NORTHERN, INC., third-party plaintiff, Respondent, v. CITY OF MENTOR, third-party defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 7, 1982.

Attorney(s) appearing for the Case

Brink, Sobolik, Severson & Vroom, Robert K. Severson and Roger C. Malm, Hallock, for Peterson, et al.

Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, and Richard L. Pemberton, Fergus Falls, for Shelby Mut. Ins. Co.

C. W. Kludt, pro se.

Thomas W. Spence, St. Paul, for Burlington Northern Railroad.

Joyce & McHaffie and Richard T. McHaffie, St. Paul, for Western National Mut. Ins. Co.

O'Grady & Morley and Patrick R. Morley, Grand Forks, N. D., for General Casualty Company of Wisconsin.

Cahill, Gunhus, Grinnell, Jeffries, Klinger Vinje & Swenson, Moorhead, for State Farm Mut. Ins. Co.

Thysell, Gjevre, McLarnan, Hannaher, Vaa & Skatvold and Alden H. Gjevre, Moorhead, for City of Mentor.

Heard, considered, and decided by the court en banc.

Rehearing and Rehearing En Banc Denied May 7, 1982.

YETKA, Justice.

This is an appeal of summary judgment motions granted and denied in a declaratory judgment action. The underlying action, now in abeyance pending this appeal, is a personal injury suit by one co-employee against the estate of another co-employee and others. This declaratory judgment action was brought to establish the extent of coverages afforded by various insurance companies with regard...

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