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FARMERS UNION OIL v. MUTUAL SERVICE INS.

No. CX-87-2507.

422 N.W.2d 530 (1988)

FARMERS UNION OIL COMPANY, Appellant, v. MUTUAL SERVICE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

May 3, 1988.

Attorney(s) appearing for the Case

Stephen Torvik, Montevideo, for appellant.

Gordon Hansmeier, St. Cloud, for respondent.

Heard, considered and decided by CRIPPEN, P.J., and SCHULTZ and FLEMING, JJ.

OPINION

CRIPPEN, Judge.

Farmers Union Oil Company ("Farmers Union") appeals from a declaratory judgment finding that Mutual Service Insurance Company ("MSI") was not obligated under a liability insurance policy to defend them in a lawsuit.

FACTS

In July 1985, Roger Tostenson, a Swift County farmer, contacted Farmers Union, an agricultural cooperative. He requested that the cooperative spray 268 acres of his corn with Poast herbicide mixed...

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