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THIEF RIVER FALLS v. UNITED FIRE & CAS. CO.

No. C9-82-1359.

336 N.W.2d 274 (1983)

CITY OF THIEF RIVER FALLS, Respondent, v. UNITED FIRE & CASUALTY CO., Appellant.

Supreme Court of Minnesota.

Rehearing Denied August 19, 1983.

Attorney(s) appearing for the Case

Charlson & Marben and Kurt J. Marben, Thief River Falls, for appellant.

Wurst, McDowell & Ihle and Robert A. Wurst, Thief River Falls, for respondent.

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

SCOTT, Justice.

Defendant United Fire & Casualty Company (United) appeals from a judgment in favor of plaintiff City of Thief River Falls (City) in this suit for damages due to failure to defend pursuant to the terms of an insurance policy. The dispositive issue on appeal is whether an action for a writ of mandamus is one "seeking damages" within the meaning of the contract language. We are persuaded that it clearly and unambiguously is not and, therefore, we...

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