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LORAM MAINTENANCE OF WAY v. CONSOL. RAIL CORP.

No. C5-83-2051.

354 N.W.2d 111 (1984)

LORAM MAINTENANCE OF WAY, INC., Respondent, v. CONSOLIDATED RAIL CORPORATION, Respondent, The Home Insurance Company, Respondent, Federal Insurance Company, Appellant.

Court of Appeals of Minnesota.

September 4, 1984.

Attorney(s) appearing for the Case

Peter S. Hendrixson, David Y. Trevor, Dorsey & Whitney, Minneapolis, for respondent Loram Maintenance of Way, Inc.

Sylvester F. Doffing, William J. Hennessy, Jacobowski, Doffing & Hennessy, St. Paul, for respondent Consol. Rail Corp.

Leon R. Erstad, Chadwick, Johnson & Condon, P.A., Minneapolis, for respondent The Home Ins. Co.

Leo G. Stern, Michael A. Trittipo, Fredrikson & Byron, P.A., Minneapolis, for appellant.

Heard, considered and decided by PARKER, P.J., and FORSBERG, and CRIPPEN, JJ.

OPINION

FORSBERG, Judge.

This is an appeal by appellant Federal Insurance Company (Federal) from a judgment entered against Federal and Consolidated Rail Corp. (Conrail) as a result of a property damage loss by respondent Loram. The action was tried to the court pursuant to a stipulation of facts and documents. Federal appeals, contending that the trial court erred in holding Federal liable on its insurance policy. Conrail did not file a notice of appeal...

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