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NORTHLAND INS. v. ACE DORAN HAULING

No. C0-87-927.

415 N.W.2d 33 (1987)

NORTHLAND INSURANCE COMPANY, Respondent, v. ACE DORAN HAULING & RIGGING COMPANY, Appellant.

Court of Appeals of Minnesota.

November 10, 1987.

Attorney(s) appearing for the Case

Garfield P. Hoerschgren, Cochrane & Bresnahan, St. Paul, for respondent.

Jon A. Hanson, Tony R. Krall, Hanson, Noel & Lulic, Minneapolis, Milton D. Price, Stillwater, for appellant.

Heard, considered and decided by SEDGWICK, P.J., and PARKER and HUSPENI, JJ.

OPINION

PARKER, Judge.

This action arose out of nondelivery of a shipment of 90 bales of cotton to be moved from a warehouse in Fabens, Texas, to Houston. The truck driver, William Davison, was found by the trial court to be an agent-employee of Ace Doran Hauling & Rigging Company.

The shipper, Southwestern Irrigated Cotton Growers (S.W.I.G.), had hired Wa Ho Truck Brokerage of Phoenix, Arizona (Wa Ho), to contract for the movement of the cotton...

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