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MULLER v. TRI-STATE INS. CO. OF MINNESOTA

No. S-95-128.

560 N.W.2d 130 (1997)

252 Neb. 1

Susan MULLER, Personal Representative of the Estate of Terry Lee Muller, deceased, Appellee and Cross-Appellant, v. TRI-STATE INSURANCE COMPANY OF MINNESOTA, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

March 14, 1997.

Attorney(s) appearing for the Case

Jay L. Welch and Douglas E. Baker, of Welch, Wulff & Childers, Omaha, for appellant.

Mark M. Sipple, of Sipple, Hansen, Emerson & Schumacher, Columbus, for appellee.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and LUTHER, District Judge.

CAPORALE, Justice.

I. STATEMENT OF CASE

This is a declaratory judgment action brought to determine the rights of the plaintiff-appellee and cross-appellant, Susan Muller, the widow and personal representative of the estate of her late husband, Terry Lee Muller, pursuant to the underinsured motorist provisions of the "Business Auto Coverage Form Declarations," made a part of the "Country Commodities Distributor's Policy" of insurance issued by the defendant...

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