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CENTURY INDEM. CO. v. CARLSON

No. 97-1710.

133 F.3d 591 (1998)

CENTURY INDEMNITY CO., a Connecticut corporation, Appellee, v. Linda Michelle CARLSON, individually, and as trustee for the heirs of Donley Allen Carlson, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Donald McNeil, Minneapolis, MN, argued (Robert Bennett and Eric Hageman, Minneapolis, MN, on the brief), for Appellant.

Laurence J. Rabinovich, New York City, argued (Jack Zaremski, New York City, Lawrence R. King and Shawn M. Raiter, St. Peter, MN, on the brief), for Appellee.

Before LOKEN, HEANEY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

This action for declaratory judgment on an insurance policy has its genesis in an automobile/tractor and trailer accident which occurred in Minnesota on October 31, 1994. At that time, a tractor and trailer owned by J & T Transport, Inc. ("J & T"), a Minnesota corporation, collided with an automobile driven by Donley Allen Carlson. The accident killed Carlson. Carlson's widow, Linda Michelle Carlson, brought a wrongful death

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