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WESTLAND OIL CO. v. FIRESTONE TIRE & RUBBER CO.

No. 12768.

143 F.2d 326 (1944)

WESTLAND OIL CO. v. FIRESTONE TIRE & RUBBER CO.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1944.

Attorney(s) appearing for the Case

William L. Prosser, of Minneapolis, Minn. (L. J. Palda, Jr., of Minot, N. D., and Robins, Davis & Lyons, Dorsey, Colman, Barker, Scott & Barber, and Charles F. Noonan, all of Minneapolis, Minn., on the brief), for appellants.

Herbert G. Nilles, of Fargo, N. D. (Henry S. Brainard, of Akron, Ohio, on the brief), for appellee.

Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.

GARDNER, Circuit Judge.

This was an action for damages brought by appellant Westland Oil Company against appellee, Firestone Tire and Rubber Company, to recover damages resulting from a fire which it was alleged had been caused by the negligence of the Firestone Tire and Rubber Company. Appellants Hardware Mutual Insurance Company of Minnesota and Indiana Lumbermen's Mutual Insurance Company became plaintiffs by intervention on the basis of subrogation to a part of...

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