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SZARKOWSKI v. RELIANCE INS. CO.

Civ. No. 11347.

404 N.W.2d 502 (1987)

William SZARKOWSKI and John Szarkowski, a partnership, d/b/a Szarkowski Trucking, Plaintiffs and Appellants, v. RELIANCE INSURANCE COMPANY, a foreign Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

As Corrected June 17, 1987.

Attorney(s) appearing for the Case

James R. Jungroth, of Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for plaintiffs and appellants.

Philip L. Bruner, of Hart, Bruner, O'Brien & Thornton, Minneapolis, Minn., and Zuger & Bucklin, Bismarck, for defendant and appellee.

Daniel L. Hovland, of Fleck, Mather, Strutz & Mayer, Bismarck, for amici curiae, Cenex and Conoco, Inc.

Mr. Merle T. Pederson, Asst. Atty. Gen., North Dakota Ins. Dept., Bismarck, for amicus curiae, State Com'r of Ins.

VANDE WALLE, Justice.

The plaintiff, Szarkowski Trucking (Szarkowski), a partnership of John and William Szarkowski, appealed from a summary judgment dismissing its action against the defendant, Reliance Insurance Company (Reliance). We reverse and remand.

Szarkowski is a small trucking company which entered into an oral subcontracting agreement to provide hauling services for Scherbenske Excavating, Inc. (Scherbenske), on three construction projects for which...

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