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MPLS. AUTO AUCTION v. SPICER AUTO SALES

No. C6-88-490.

439 N.W.2d 23 (1989)

MINNEAPOLIS AUTO AUCTION, LTD., et al., Respondents, v. SPICER AUTO SALES, INC., et al., Respondents, Tri-State Insurance Company, Defendant. TRI-STATE INSURANCE COMPANY OF MINNESOTA, Interpleading Cross-Claimant, Petitioner, Appellant, v. The STATE of Minnesota, Interpleading Defendant, Green Lake State Bank, Mid-State Auto Auction, Robert D. Walker, Thomas Goris, Don Burris, Interpleading Defendants, Respondents, John Doe, Interpleading Defendant.

Supreme Court of Minnesota.

May 5, 1989.

Attorney(s) appearing for the Case

Richard D. Egan, Robert I. Lang, Minneapolis, Minn., for appellant.

Daniel J. Roth, Minneapolis, for Mid-State Auto Auction. Stephen A. Pezalla, Golden Valley, for Minneapolis Auto Auction, Ltd. and Alamo Rent-A-Car, Inc.

Heard, considered and decided by the court en banc.

KEITH, Justice.

Tri-State Insurance Company, a corporate surety on a motor vehicle dealer's license bond maintained by Spicer Auto Sales, Inc., obtained further review of a decision of the court of appeals reversing the summary judgment entered in its favor in the trial court. The appellate court determined that claims filed against the bond by Minneapolis Auto Auction, Inc. and Alamo Rent-A-Car, Inc. (hereafter referred to collectively as Minneapolis Auto) and Mid...

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