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ATWATER CREAMERY CO. v. WESTERN NAT. MUT.

No. C5-82-581.

366 N.W.2d 271 (1985)

ATWATER CREAMERY COMPANY, Appellant, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, and Strehlow Insurance Agency, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied May 20, 1985.

Attorney(s) appearing for the Case

George L. May, Brent D. Bostrom, St. Paul, for appellant.

James T. Martin, John Varpness, Edina, for Western Nat.

Clarance E. Hagglund, Sally Holmgren, Minneapolis, for Strehlow Ins. Agency.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Atwater Creamery Company (Atwater) sought a declaratory judgment against its insurer, Western National Mutual Insurance Company (Western), seeking coverage for losses sustained during a burglary of the creamery's storage building. Atwater joined Strehlow Insurance Agency and Charles Strehlow (Strehlow), its agent, as defendants, seeking damages in the alternative due to Strehlow's alleged negligence and misrepresentation. The Kandiyohi County District...

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