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STANDARD OIL COMPANY v. OGDEN & MOFFETT COMPANY

Nos. 12885, 12886.

242 F.2d 287 (1957)

STANDARD OIL COMPANY, an Indiana Corporation, Appellant, v. OGDEN & MOFFETT COMPANY, a Michigan Corporation, Appellee. OGDEN & MOFFETT COMPANY, Cross Appellant, v. STANDARD OIL COMPANY, Cross Appellee.

United States Court of Appeals Sixth Circuit.

March 20, 1957.

Attorney(s) appearing for the Case

James K. Brooker, Bay City, Mich., Smith & Brooker, Bay City, Mich., on the brief, for Standard Oil Co., appellant and cross-appellee.

John D. MacKenzie, Saginaw, Mich., Stanton, MacKenzie, Cartwright & Walker, Saginaw, Mich., for Ogden and Moffett Co., appellee and cross-appellant.

Before SIMONS, Chief Judge, and ALLEN and ALBERT LEE STEPHENS of the Ninth Circuit, Circuit Judges.

SIMONS, Chief Judge.

While the Ogden & Moffett Company, herein designated as the carrier, was delivering gasoline to the Standard Oil Company at the latter's bulk storage plant at Flint, Michigan, a leak developed in its facilities causing gasoline to accumulate on the concrete apron of the plant. Ignited by backfire of the carrier's motor, the resulting fire destroyed the carrier's motor and trailers and Standard's buildings, causing damages to Standard stipulated...

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