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CONTINENTAL INS. CO. v. BERGQUIST

No. C5-86-1626.

400 N.W.2d 199 (1987)

CONTINENTAL INSURANCE COMPANY, Respondent, v. Edward W. BERGQUIST, as Trustee in the Bankruptcy of the Estate of A.E.F.S., Inc., Respondent, James Dwyer, et al., Appellants.

Court of Appeals of Minnesota.

February 3, 1987.

Attorney(s) appearing for the Case

Robert D. Brownson, Lasley, Gaughan, Stich & Angell, Minneapolis, for respondent Continental Ins. Co.

Daniel J. Sheran, Linquist & Vennum, Minneapolis, for respondent Bergquist.

Charles E. Spevacek, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for appellants.

Heard, considered and decided by WOZNIAK, P.J., and RANDALL and LESLIE, JJ.

OPINION

RANDALL, Judge.

This is a declaratory judgment action brought by respondent Continental Insurance Company (Continental) for a determination of the extent of Continental's insurance coverage. Continental was the insurer of respondent American Energy Farming Systems, Inc. (AEFS). When appellants failed to receive payment under their contracts with AEFS, they sued and obtained a default judgment against AEFS. Continental commenced this action to avoid...

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