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EASTERN AVIATION AND MARINE v. GILBERTSON

Nos. C9-85-1523, C0-85-1619.

379 N.W.2d 567 (1985)

EASTERN AVIATION AND MARINE UNDERWRITERS, INC., Respondent, v. Nancy GILBERTSON, et al., Dr. Richard Mulder, et al., Appellants.

Court of Appeals of Minnesota.

December 24, 1985.

Attorney(s) appearing for the Case

Robert G. Haugen, Marshall, for respondent.

William M. Fishman, Bruce E. Goldstein, Minneapolis, for Nancy Gilbertson, et al.

Patrick J. Leary, Marshall, for Dr. Richard Mulder et al.

Heard, considered, and decided by POPOVICH, C.J., and RANDALL and CRIPPEN, JJ.

OPINION

RANDALL, Judge.

Insurance company sought a declaratory judgment that it is not required to indemnify the insured for any liability arising out of an airplane accident. The insurer claimed also that it has no duty to defend insured against charges of negligence. The trial court granted insurer's motion for summary judgment on both claims. The injured plaintiffs and the owner and the pilot of the airplane appeal. We affirm.

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