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CITY OF MAPLE LAKE v. AMERICAN STATES

No. C8-93-831.

509 N.W.2d 399 (1993)

The CITY OF MAPLE LAKE, Minnesota, Appellant, v. AMERICAN STATES INSURANCE COMPANY, as successor in interest to Western Casualty and Surety Insurance Company, The Home Insurance Company, Continental Western Insurance Company, Respondents.

Court of Appeals of Minnesota.

Review Denied February 24, 1994.

Attorney(s) appearing for the Case

Scott A. Smith, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for appellant.

John M. Anderson, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for American States Ins. Co., as successor in interest to Western Cas. and Surety Ins. Co., respondent.

Cynthia M. Hazelwood, Bruce G. Jones, Faegre & Benson, Minneapolis, for Home Ins. Co., respondent.

Thomas O. Albers, Courey, Schwinn, Kodadek & Albers, P.A., Minneapolis, for Continental Western Ins. Co., respondent.

Considered and decided by NORTON, P.J., and SHORT and STONE, JJ.

OPINION

NORTON, Judge.

Appellant City of Maple Lake challenges the district court's determination that its policies of insurance do not afford coverage. We affirm.

FACTS

In the early 1960s, the City of Maple Lake replaced its wastewater treatment plant (WWTP). The existing facility had discharged effluent into Ramsey Lake, a lake with considerable recreational value. The effluent discharge, in the opinion of the Minnesota Department of...

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