Opinion
Nos. 37,833, 37,847.
May 6, 1960.
Appeal and error — decision by equally divided court.
Action in the Cass County District Court wherein plaintiff insurance company sought a declaratory judgment that a contract of insurance issued to defendant Wilbur Miller did not cover liability arising out of an automobile collision involving his son, defendant Charles Miller. Defendants Gerald Keep, Duane Knutson, Carol Ann Knutson, Norman Helstad, trustee, Arthur O. Hartman, and Ida Van Blaricom, trustee, all sought recovery in separate actions against defendants Miller. The court, Arnold C. Forbes, Judge, granted plaintiff's motion for summary judgment and two appeals were taken from the judgment entered, one by Gerald Keep, Duane Knutson, Carol Ann Knutson, and Norman Helstad and one by Arthur O. Hartman and Ida Van Blaricom. Affirmed.
Ryan, Ryan Ebert, for appellants Gerald Keep and others.
Hall, Smith, Hedlund, Juster, Forsberg Merlin, for appellants Arthur O. Hartman and another.
Meagher, Geer, Markham Anderson, O. C. Adamson II, Manson Reedal, and Tom Hilligan, for respondent.
Due to the absence of Associate Justice Leroy E. Matson because of illness on the date set for hearing of this appeal, the case was heard by six of the justices of this court, and they being equally divided as to the issues presented on appeal, the judgment of the lower court is affirmed without opinion.
Armstrong v. City of Rochester, 211 Minn. 613, 299 N.W. 683; 1 Dunnell, Dig. (3 ed.) § 290, and cases cited therein.
Affirmed.
MR. JUSTICE LOEVINGER, not having been a member of the court at the time of the argument and submission, took no part in the consideration or decision of this case.