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OMAHA FINANCIAL LIFE v. CONTINENTAL LIFE

Nos. C8-88-1415, C3-88-1418.

427 N.W.2d 290 (1988)

OMAHA FINANCIAL LIFE INSURANCE COMPANY and Mutual of Omaha Insurance Company, Petitioners, v. CONTINENTAL LIFE UNDERWRITERS, INSURANCE COMPANY, LTD., Respondent.

Court of Appeals of Minnesota.

Review Denied October 26, 1988.

Attorney(s) appearing for the Case

Thomas Berg, Popham, Haik, Schnobrich & Kaufman, Minneapolis, for petitioners.

Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, Minneapolis, for respondent.

Considered at Special Term and decided by WOZNIAK, C.J., and FOLEY and NORTON, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Omaha gave notice of its intent to terminate an agreement with Continental. Continental sought injunctive relief, and a temporary restraining order was issued. The parties thereafter settled the case, and it was voluntarily dismissed.

Omaha brought a second suit, for declaratory judgment on a non-competition provision. The case was assigned to the same judge who heard the first action. Omaha...

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