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TRANSAMERICAN INS. v. AUSTIN FARM CENTER

No. C3-84-65.

354 N.W.2d 503 (1984)

TRANSAMERICAN INSURANCE COMPANY, Respondent, v. AUSTIN FARM CENTER, INC., et al., Defendants, Western Casualty & Surety Company, Respondent, Wayne H. Austin Distributing Company, Inc. and Centennial Insurance Company, Appellants. and WESTERN CASUALTY AND SURETY COMPANY, Respondent, v. Arthur E. SCHERER, et al., Defendants, Wayne H. Austin Distributing Company, Appellant.

Court of Appeals of Minnesota.

August 28, 1984.

Attorney(s) appearing for the Case

Gislason & Martin, James T. Martin, Minneapolis, for Transamerican Insurance Company.

Edward R. Soshnik & Associates, Janet Waller, Minneapolis, for Western Casualty & Surety Company.

Mahoney, Dougherty & Mahoney, Richard P. Mahoney, Sandra J. Skluzacek, Minneapolis, for Wayne H. Austin Distributing Company, Inc. and Centennial Insurance Company.

Heard, considered and decided by SEDGWICK, P.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

NIERENGARTEN, Judge.

This is a declaratory judgment action by respondent Transamerica to determine whether its policy of liability insurance covered defendant Austin Farm Center, Inc., in an accident that occurred on June 16, 1979, involving a fire truck jointly owned by Austin and two other corporations. Respondent Western Casualty also brought an action to determine the coverage afforded their insured, one of the other corporations, defendant Management...

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