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BLACKBURN, NICKELS & SMITH v. NATIONAL FARMERS UNION PROP.

Civ. Nos. 890103, 890178.

452 N.W.2d 319 (1990)

BLACKBURN, NICKELS & SMITH, INC., Plaintiff and Appellant, v. NATIONAL FARMERS UNION PROPERTY & CASUALTY COMPANY, and Aetna Casualty & Surety Company, Defendants and Appellees.

Supreme Court of North Dakota.

March 1, 1990.

Attorney(s) appearing for the Case

Olson, Sturdevant & Burns, Minot, and Blomquist & Espeset, Minneapolis, Minn., for plaintiff and appellant Blackburn, Nickels & Smith, Inc.; argued by Barry L. Blomquist, Jr. Appearance by Todd Cresap of Olson, Sturdevant & Burns.

Fleck, Mather, Strutz & Mayer, P.C., Bismarck, for defendant and appellee National Farmers Union Property & Cas. Co.; argued by Steven A. Storslee, Bismarck.

Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellee Aetna Cas. & Surety Co.; argued by Leo F.J. Wilking, Fargo.

LEVINE, Justice.

Blackburn, Nickels & Smith, Inc., (BNS) appeals from separate judgments dismissing its declaratory judgment action against National Farmers Union Property & Casualty Company (Farmers Union) and Aetna Casualty & Surety Company (Aetna). We reverse both judgments and remand for a determination of the questions raised.

On October 7, 1985, a vehicle owned by Scott Smith, d/b/a Smitty's Lawn...

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