GRINNELL MUT. REINSURANCE v. EMPIRE FIRE & MAR. INS.

Nos. 82-2047, 82-2108, 82-1918 and 82-1960.

722 F.2d 1400 (1983)

GRINNELL MUTUAL REINSURANCE COMPANY, an Iowa corporation, Appellee, v. EMPIRE FIRE & MARINE INSURANCE COMPANY, a Nebraska corporation, Matthew Youngren, an infant, and Michael Youngren, an infant, by their Guardian John Youngren and for the heirs of decedent Judith Youngren, all residents of the State of Minnesota, and Timothy Youngren a resident of the State of Minnesota, Appellant, Sheri Emch, resident of the State of North Dakota, Appellee, Hamel Service Company, Inc., an Illinois corporation; Gilbert Culver, a resident of the State of Illinois, Excalibur Insurance Company of Minnesota, a Texas corporation, Appellant. GRINNELL MUTUAL REINSURANCE COMPANY, an Iowa corporation, Appellant, v. EMPIRE FIRE & MARINE INSURANCE COMPANY, a Nebraska corporation, Matthew Youngren, an infant, and Michael Youngren, an infant, by their Guardian John Youngren and for the heirs of decedent Judith Youngren, all residents of the State of Minnesota and Timothy Youngren a resident of the State of Minnesota, Riechmann Enterprises, Inc., a Missouri corporation, Sheri Emch, resident of the State of North Dakota, Hamel Service Company, Inc., an Illinois corporation, Gilbert Culver, a resident of the State of Illinois, Appellees, Excalibur Insurance Company of Minnesota, a Texas corporation. Matthew YOUNGREN, an infant and Michael Youngren, an infant, by their Guardian John YOUNGREN and for the heirs of decedent Judith Youngren, Appellees, v. RIECHMANN ENTERPRISES, a foreign corporation, Gilbert Culver, Appellees, Sheri Emch, Appellant, HAMEL SERVICE COMPANY, INC., a foreign corporation, v. Timothy YOUNGREN, Appellee. Matthew YOUNGREN, an infant and Michael Youngren, an infant, by their Guardian John YOUNGREN and for the heirs of decedent Judith Youngren, Appellees, v. RIECHMANN ENTERPRISES, a foreign corporation, Gilbert Culver, Appellees, Sheri Emch, Appellee, HAMEL SERVICE COMPANY, INC., a foreign corporation, Appellant, v. Timothy YOUNGREN, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1983.


Attorney(s) appearing for the Case

Murray G. Sagsveen, argued, Zuger & Bucklin, Bismarck, N.D., for Emch in Nos. 82-1918, 82-1960.

Chapman & Chapman by Daniel J. Chapman, argued, Bismarck, N.D., for Hamel Services Co., Inc. in Nos. 82-1918, 82-1960.

Denis McGrady, Jr., argued, Gillespie, Ill., for Hamel Services Co., Inc. in Nos. 82-2047, 82-2108.

Lommen, Nelson, Sullivan & Cole, P.A., Mark N. Stageberg, argued, Thomas E. Peterson, argued, Minneapolis, Minn., Fleck, Mather, Strutz & Mayer, Steven Storslee, Bismarck, N.D., for Reichmann Enterprises and Excalibur Ins. Co. of Minnesota.

Lowell A. O'Grady, Michael J. Morley, argued, O'Grady, Morley & Morley, Ltd., Grand Forks, N.D., for Grinnell Mut. Reinsurance Co. in Nos. 82-2047, 82-2108.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and RENNER, District Judge.


LAY, Chief Judge.

Two cases are presented to us on appeal. At the trial of one case, Youngren v. Riechmann Enterprises, No. 80-42 (D.N.D. June 28, 1982), the jury determined the comparative liabilities of the drivers of the vehicles involved. The other case, Grinnell Mutual Reinsurance v. Empire Fire & Marine Insurance Co., No. 81-22 (D.N.D. May 5, 1982), was a declaratory action in which the district court decided the relative liabilities of the...

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