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MALONEY TANK MFG. CO. v. MID-CONTINENT PETROLEUM CORP.

No. 331.

49 F.2d 146 (1931)

MALONEY TANK MFG. CO. v. MID-CONTINENT PETROLEUM CORPORATION et al.

Circuit Court of Appeals, Tenth Circuit.

March 30, 1931.

Attorney(s) appearing for the Case

William F. Tucker, of Tulsa, Okl. (Hulette F. Aby and William H. Martin, both of Tulsa, Okl., on the brief), for appellant.

Frank E. Lee, of Oklahoma City, Okl. (F. A. Rittenhouse and John F. Webster, both of Oklahoma City, Okl., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

The Mid-Continent Petroleum Corporation owned a battery of oil tanks located near Seminole, Okl. On February 1, 1927, its vice president directed his subordinates to have these tanks dismantled by the Maloney Tank Manufacturing Company. While they were being dismantled, one of the workmen stopped in his work to light a cigarette, and threw the match on the ground. The ground was oil-soaked, and a fire ensued which destroyed the tanks and...

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