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SOUTH CAROLINA NATURAL GAS COMPANY v. PHILLIPS

No. 8201.

289 F.2d 143 (1961)

SOUTH CAROLINA NATURAL GAS COMPANY, and South Carolina Electric and Gas Company, plaintiffs, Appellants, v. D. L. PHILLIPS and Phillips Construction Company, Inc., defendants and third-party plaintiffs, and Freddie B. King, Richard King, and Everett King, Individually and as Co-Partners Trading and Doing Business Under the Name and Style of King Brothers or King Brothers Construction Company, third-party defendants, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 28, 1961.

Attorney(s) appearing for the Case

Arthur M. Williams, Jr., Columbia, S. C., and G. L. B. Rivers, Charleston, S. C. (Frank B. Gary and Gene V. Pruet, Columbia, S. C., on brief), for appellants.

Robert McC. Figg, Jr., Charleston, S. C. (William H. Vaughan, Jr., and Charles W. Waring, Charleston, S. C., on brief), for appellees.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

A high pressure gas transmission pipeline belonging to the plaintiff, South Carolina Natural Gas Company, was fractured by a 30-ton Euclid pan earth mover owned by King Brothers, which was being operated by King's employees for the purpose of obtaining earth for use as fill on a nearby construction site. Escaping gas was ignited by sparks created by the steel pan scraping the ruptured pipe, or by contact with the hot manifold of the pan...

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