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MUT. SERV. CAS. INS. v. LaSALLE FARMERS GRAIN

No. C2-86-563.

394 N.W.2d 270 (1986)

MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Appellant, v. LaSALLE FARMERS GRAIN COMPANY, INC., Mike Masters, Respondents.

Court of Appeals of Minnesota.

Review Denied November 26, 1986.

Attorney(s) appearing for the Case

James H. Malecki, Mark S. Ullery, Gislason, Dosland, Hunter & Malecki, New Ulm, for Mutual Service Cas. Ins. Co.

Daniel A. Birkholz, St. James, for LaSalle Farmers.

Clark A. Tuttle, III, Berens, Rodenberg, O'Connor, Olson, Hinnenthal & Tuttle, New Ulm, for Masters.

Heard, considered and decided by POPOVICH, C.J., and SEDGWICK and NIERENGARTEN, JJ.

OPINION

NIERENGARTEN, Judge.

Mutual Service Casualty Insurance Company (MSI) brought a declaratory judgment action against LaSalle Farmers Grain Company (LaSalle) and Mike Masters to determine whether an insurance policy issued to LaSalle excluded liability coverage for damage done to Mike Masters' crop when LaSalle applied a herbicide by aerial spraying. The trial court held that MSI must provide coverage or indemnify LaSalle but that no coverage existed...

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