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MILLER v. ASTLEFORD EQUIPMENT CO., INC.

No. C2-82-1171.

332 N.W.2d 653 (1983)

Henry J. MILLER, Jr. and Barbara Miller, individually and as husband and wife, Respondents, v. ASTLEFORD EQUIPMENT CO., INC., Respondent, Prudential Property and Casualty Insurance Company, a corporation, proposed intervenor, Appellant.

Supreme Court of Minnesota.

April 22, 1983.

Attorney(s) appearing for the Case

Dean K. Johnson and Robert G. Haugen, Bloomington, for appellant.

Hauer & Lewis, Robert J. Hauer, Jr., and Michael Fargione, Minneapolis, for Millers.

Graham Heikes, St. Paul, for Astleford Equipment Co., Inc.

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

COYNE, Justice.

Prudential Property and Casualty Insurance Company appeals from an order denying its motion to intervene of right pursuant to Minn.R.Civ.P. 24.01 in this suit by plaintiffs Henry J. Miller, Jr. and Barbara Miller to recover damages for personal injuries from defendant Astleford Equipment Co. Inc. (Astleford). The sole issue on appeal is whether the trial court erred by concluding that Prudential failed to satisfy the criteria of Minn.R.Civ.P. 24.01...

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