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  5. 122 N.W.2d 140 (1963)
 

CHICAGO, M., ST. P. & P. R. CO. v. JOHNSTON'S FUEL LINERS

No. 8059.

122 N.W.2d 140 (1963)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Corporation, Plaintiff and Respondent, v. JOHNSTON'S FUEL LINERS, INC., a Corporation, Defendant and Third-Party Plaintiff and Appellant, v. Leonard PRINCE, an Individual Doing Business Under the Trade Name of Regent Oil Company, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied June 14, 1963.

Attorney(s) appearing for the Case

Donald R. Crabtree, Ellendale, and Dwight Campbell and Stanley R. Voas, Aberdeen, S. D., for plaintiff and respondent.

Conmy & Conmy, Bismarck, for defendant and third-party plaintiff and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and Rausch & Chapman, Bismarck, for third-party defendant and respondent.

ERICKSTAD, Judge.

This is an action on the part of the plaintiff, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, to recover damages from the defendant, Johnston's Fuel Liners, Inc., for losses incurred by the plaintiff arising out of a petroleum fire allegedly caused by the defendant.

The aforesaid defendant answered the plaintiff, denying liability, and, as a third-party plaintiff seeking to recover damages suffered by the said defendant in the...

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