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KERN v. STEELE COUNTY

No. 81-1021.

322 N.W.2d 187 (1982)

Ralph KERN, et al., Respondents, v. STEELE COUNTY, Steele County Department of Social Services, Respondents, and Western Casualty and Surety Company, Appellant, Christine Ann Born, et al., Respondents.

Supreme Court of Minnesota.

July 23, 1982.

Attorney(s) appearing for the Case

Farrish, Johnson, Maschka & Hottinger and John M. Sheran, Mankato, for appellant.

Muir & Heuel, Ross Muir and George E. Meinz, Rochester, for Kern, et al.

Douglas Ruth, County Atty., Owatonna, for Steele County.

Robert Schmidt, Waseca, for Born, et al.

Heard, considered and decided by the court en banc.

OTIS, Justice.

Respondents Ralph and Shirley Kern and their farm liability insurer, Minnesota Mutual Fire and Casualty (Minnesota Mutual), brought a declaratory judgment action seeking a determination that the Kerns, as foster parents, were employees of Steele County, thus obligating Steele County's liability insurer, Western Casualty and Surety Company (Western), to defend and indemnify the Kerns in an action arising out of an injury to a foster child while placed...

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