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IMPERIAL PREMIUM FINANCE v. GK CAB CO.

No. C0-99-1176.

603 N.W.2d 853 (2000)

IMPERIAL PREMIUM FINANCE, INC., Respondent, v. GK CAB COMPANY, INC., defendant and third party plaintiff, Appellant, v. The Insurance Corporation of New York, f/k/a Reinsurance Corporation of New York, third party defendant, Respondent.

Court of Appeals of Minnesota.

January 4, 2000.

Attorney(s) appearing for the Case

Alicia Rae Drake, Messerli & Kramer, P.A., Minneapolis, MN (for respondent Imperial Premium Finance).

Steven B. Nosek, Terrance J. Wagener, Dunkley, Bennett & Christensen, PA, Minneapolis, MN (for appellant).

Daniel J. Ryan, Johnson & Van Vliet, L.L.P., St. Paul, MN (for respondent Insurance Corporation of New York).

Considered and decided by DAVIES, Presiding Judge, FOLEY, Judge, and MULALLY, Judge.

OPINION

DANIEL F. FOLEY,** Judge.

GK Cab Company, Inc. appeals the district court's decision to vacate a default judgment it held against respondent The Insurance Corporation of New York, f/k/a Reinsurance Corporation of New York (INSCORP), and seeks attorney fees and costs in the district court and on appeal. We affirm the district court's refusal to award attorney fees and costs, reverse its decision to vacate the default judgment...

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