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WALLE MUT. INS. CO. v. SWEENEY

No. 870063.

419 N.W.2d 176 (1988)

WALLE MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Charles D. SWEENEY, Donald L. Rawlings for the benefit of himself, Defendants and Appellants.

Supreme Court of North Dakota.

February 1, 1988.

Attorney(s) appearing for the Case

Letnes, Marshall, Fiedler & Clapp, Ltd., Grand Forks, for plaintiff and appellee; argued by Jay H. Fiedler.

Stefanson, Landberg & Plambeck, Moorhead, Minn., for defendant and appellant Rawlings; appearance by Randolph E. Stefanson.

Bruce E. Bohlman, Ltd., Grand Forks, for defendant and appellant Sweeney; argued by Michael E. Juntunen.

LEVINE, Justice.

Defendants Charles D. Sweeney and Donald L. Rawlings appeal from a judgment of the Grand Forks County district court declaring that the plaintiff, Walle Mutual Insurance Co., is not obligated to defend or indemnify Sweeney from claims of wrongful death arising from Sweeney's automobile collision with Gerald Rawlings on July 17, 1985. We affirm.

In 1980 Sweeney purchased automobile insurance issued by General Casualty Co. from Bill Fruhwirth...

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