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NATIONAL LEAD CO. v. SCHUFT

No. 13883.

176 F.2d 610 (1949)

NATIONAL LEAD CO. v. SCHUFT et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 6, 1949.

Writ of Certiorari Denied November 7, 1949.

Attorney(s) appearing for the Case

Holton Davenport, Sioux Falls, S. D. (Boyd Leedom and R. E. Driscoll, Jr., Rapid City, S. D., with him on the brief), for appellant.

Mr. Julius Skaug, Mobridge, S. D. (Mr. Pat Morrison, Mobridge, S. D., H. F. Fellows, Rapid City, S. D., and Lem Overpeck, Belle Fourche, S. D., with him on the brief), for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

Writ of Certiorari Denied November 7, 1949. See 70 S.Ct. 149.

JOHNSEN, Circuit Judge.

A bentonite and humus processing plant in Belle Fourche, South Dakota, owned and operated by National Lead Company, burned and destroyed also an adjacent warehouse. The owners of the warehouse sued National Lead for damages, alleging that the fire was due to the latter's negligence. Some insurance companies, which had become subrogated to part of the warehouse-owners' rights...

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