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KRESSE v. HOME INS. CO.

No. 84-2609.

765 F.2d 753 (1985)

Clarence A. KRESSE, John A. Rilling, Special Administrator for the Estate of Daniel Dean Wolf, deceased, and Renee Wolf, individually, Appellants, v. The HOME INSURANCE COMPANY, Appellee. Burlington Northern Railroad Company, Amicus curiae appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Mervin Nordeng, Fargo, N.D., for appellants.

Jeffrey R. Hannig, Moorhead, Minn., for appellee.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

HEANEY, Circuit Judge.

Clarence A. Kresse, John A. Rilling (Special Administrator for the Estate of Daniel Dean Wolf, deceased) and Renee Wolf, (collectively "Kresse"), brought a diversity action in the United States District Court for the District of North Dakota seeking a declaration of insurance coverage under the Business Auto Policy issued to Cass County, North Dakota, by the Home Insurance Company (hereinafter "Home"). Following cross motions for summary judgment...

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