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AMERICAN OIL CO. v. FREDERICK

No. 5678.

47 F.2d 54 (1931)

AMERICAN OIL CO. v. FREDERICK.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1931.

Attorney(s) appearing for the Case

H. R. Bickel, Jr., and E. H. Brownley, both of Baltimore, Md. (Karl F. Steinmann, of Baltimore, Md., and David A. Christopher, of Cleveland, Ohio, on the brief), for appellant.

W. P. Barnum, of Youngstown, Ohio (J. V. Murphy and Barnum Hammond, Stephens & Hoyt, all of Youngstown, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

On November 5, 1926, an employee of the Adamson Manufacturing Company of East Palestine, Ohio, manufacturers of underground gasoline storage tanks, attempted to remove a fill or vent pipe from a 550-gallon tank which had been returned after use, and which, unknown to him, must have contained gasoline or gasoline fumes. To accomplish his end, the employee used an acetylene torch for the purpose of expanding the flange into which the pipe...

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