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STATE FARM INS. COMPANIES v. GALAJDA

No. 81-348.

316 N.W.2d 564 (1982)

STATE FARM INSURANCE COMPANIES, Appellant, v. Marian GALAJDA and Zurich-American Insurance Company, Respondents.

Supreme Court of Minnesota.

March 12, 1982.

Attorney(s) appearing for the Case

Lommen, Nelson, Sullivan & Cole, Minneapolis, for appellant.

Rider, Bennett, Egan & Arundel and Lewis Remele, Jr., Minneapolis, for respondents.

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

OTIS, Justice.

Appellant, State Farm Insurance Companies, appeals the trial court's January 6, 1981, order granting defendants-respondents' motion to dismiss State Farm's complaint for failure to state a claim upon which relief can be granted.

One of the respondents, Marian Galajda, is the surviving spouse of Vasil Galajda. On February 18, 1978, Vasil Galajda was struck and killed by a hit-and-run vehicle at or near the intersection of Marshall and 22nd Avenue...

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