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BOB USELDINGER & SONS, INC. v. HANGSLEBEN

Nos. C9-91-2065, C9-91-2096.

483 N.W.2d 495 (1992)

BOB USELDINGER & SONS, INC., et al., judgment creditors, Appellants (C9-91-2065), Judgment Creditors (C9-91-2096), Honek Brothers Potato Company, et al., judgment creditors, Judgment Creditors (C9-91-2065), Appellants (C9-91-2096), v. Gust HANGSLEBEN, et al., Judgment Debtors, Insurance Company of North America, garnishee, Respondent, State Farm Fire & Casualty Company, garnishee, Respondent (C9-91-2065), Garnishee/Defendant (C9-91-2096), St. Paul Fire & Marine Insurance Company, garnishee, Respondent.

Court of Appeals of Minnesota.

Review Granted June 10, 1992.

Attorney(s) appearing for the Case

Michael F. Daley, McConn, Fisher, Olson & Daley, Ltd., Grand Forks, N.D., for Bob Useldinger & Sons, Inc., et al.

Timothy J. McLarnan, Gjevre, McLarnan, Hannaher, Vaa, Skatvold & McLarnan, Moorhead, for Ins. Co. of North America.

Charles E. Spevacek, Meagher & Geer, Minneapolis, for State Farm Fire & Cas. Co.

Gordon Myerchin, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for St. Paul Fire & Marine Ins. Co.

Considered and decided by PARKER, P.J., and CRIPPEN and HARTEN, JJ.

OPINION

CRIPPEN, Judge.

Seven potato farming entities sued several seed potato suppliers, alleging damages resulting from sale of seed potatoes contaminated with bacterial ring rot. The suppliers included Richard and David Paquin, insured by State Farm, Gust Hangsleben, insured by two other companies, and P & H Farms, a partnership founded by the Paquins and Hangsleben.

The defendant suppliers sought defense and indemnification from their insurers...

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