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MALAKOWSKY v. JOHANNSEN

No. C8-85-962.

374 N.W.2d 816 (1985)

Ralph MALAKOWSKY, judgment creditor, Respondent, v. Raymond JOHANNSEN and Raymond Koziolek, individually and d.b.a. R & R Livestock Sales and R & R Livestock Sales, Defendants-Judgment Debtors, and Milwaukee Mutual Insurance Company, garnishee, Appellant.

Court of Appeals of Minnesota.

October 15, 1985.

Attorney(s) appearing for the Case

Thomas M. Carey, Tuveson, Goldman & Nelson, Chartered, Albert Lea, for respondent.

James C. Erickson, Peterson, Bell & Converse, St. Paul, for appellant.

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

OPINION

FORSBERG, Judge.

Milwaukee Mutual Insurance Company appeals from a summary judgment entered for plaintiff. The trial court ruled that Milwaukee Mutual is estopped from asserting a policy exclusion against a third party. Milwaukee Mutual claims that a stranger to the contract cannot invoke estoppel and that estoppel cannot be used to enlarge coverage. We agree.

FACTS

Plaintiff-Respondent Ralph Malakowsky is a dairy farmer. On several...

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