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MNVA R.R. v. JOHN ALDEN LIFE INS.

No. C5-93-821.

507 N.W.2d 15 (1993)

MNVA RAILROAD, INC., Appellant, v. JOHN ALDEN LIFE INSURANCE COMPANY, Farmers Union Agency, Inc., et al., Respondents.

Court of Appeals of Minnesota.

October 19, 1993.

Attorney(s) appearing for the Case

Patrick J. Neaton, Todd M. Johnson, Chamberlain, Neaton & Johnson, Wayzata, for MNVA R.R., Inc.

Thomas J. Vollbrecht, Patrick J. O'Connor, Jr., Faegre & Benson, Minneapolis, for John Alden Life Ins. Co.

Frederick E. Finch, Mark R. Whitmore, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Farmers Union Agency, Inc., et al.

Considered and decided by LANSING, P.J., and PARKER and SHORT, JJ.

OPINION

PARKER, Judge.

Appellant MNVA argues the district court erroneously dismissed its state law claims for misrepresentation of insurance coverage on the basis of federal preemption. MNVA further argues the trial court erroneously dismissed claims against Sullivan and the insurance agency, who were not parties to the dismissal motion. We agree and reverse.

FACTS

Until November 1, 1988, appellant MNVA Railroad, Inc., had group health...

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