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SPIRITWOOD GRAIN CO. v. NORTHERN PAC. RY. CO.

No. 14009.

179 F.2d 338 (1950)

SPIRITWOOD GRAIN CO. et al. v. NORTHERN PAC. RY. CO.

United States Court of Appeals Eighth Circuit.

January 17, 1950.

Attorney(s) appearing for the Case

Murray & Murray, Bismarck, N. D., and Heineke & Conklin, Chicago, Ill., for appellants.

Conmy & Conmy, Fargo, N. D., for appellee.

Before GARDNER, Chief Judge, and THOMAS and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

The Spiritwood Grain Company owned a grain elevator located on ground leased from the Northern Pacific Railway Company at its station at Spiritwood, North Dakota. The elevator and its contents were destroyed by fire on September 26, 1948. The property destroyed was insured by Millers National Insurance Company. Suit was brought by the Grain Company against the Railway Company to recover the loss on the ground that the fire was negligently spread...

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