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BEYER'S CEMENT v. N.D. INS. GUAR. ASS'N

Civ. No. 870131.

417 N.W.2d 370 (1987)

BEYER'S CEMENT, INC., a North Dakota Corporation, and Marvin Oliver Hagebock, Plaintiffs and Appellees, v. NORTH DAKOTA INSURANCE GUARANTY ASSOCIATION, a nonprofit unincorporated legal entity, Defendant and Appellant.

Supreme Court of North Dakota.

December 29, 1987.

Attorney(s) appearing for the Case

David E. Walker of Sproul, Lenaburg, Fitzner & Walker, Valley City, for plaintiffs and appellees.

Patrick R. Morley of O'Grady, Morley & Morley, Ltd., Grand Forks, for defendant and appellant.

VANDE WALLE, Justice.

The North Dakota Insurance Guaranty Association (Guaranty Association) appealed from a declaratory judgment awarded to Beyer's Cement, Inc. (Beyer's), and Marvin Hagebock. We affirm.

On May 9, 1983, Marvin Hagebock was employed by Beyer's, a corporation located in Valley City, North Dakota. On that day Hagebock in the course of his employment was operating a tractor-trailer owned by Beyer's at the facilities of Canada Cement LeFarge,...

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