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DALTEX INC. v. WESTERN OIL & FUEL COMPANY

Nos. 39916, 39917.

148 N.W.2d 377 (1967)

DALTEX INC., Respondent, v. WESTERN OIL & FUEL COMPANY, defendant and third-party plaintiff, Appellant, A. G. O'BRIEN PLUMBING & HEATING CO., et al., third-party defendants, Leonard Leger, third-party defendant, Respondent. Leonard LEGER, individually and dba Downtown Mileage Service Station, Respondent, v. WESTERN OIL & FUEL COMPANY, Appellant.

Supreme Court of Minnesota.

January 20, 1967.

Attorney(s) appearing for the Case

Lewis, Hammer, Heaney, Weyl & Halverson, Duluth, for appellant.

Sullivan, McMillan, Hanft & Hastings, Edward Fride and Tyrone P. Bujold, Duluth, for Daltex Inc., and Leonard Leger.

OPINION

NELSON, Justice.

On or about December 11, 1961, a fire started in a Duluth building owned and partially occupied by Western Oil and Fuel Company. This fire damaged property belonging to Leonard Leger, which was located in a part of the building leased by him for use as a service station, and a truck belonging to Daltex, Inc., which had been stored there.

Leger and Daltex each brought an action...

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