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ASHLAND OIL & REFINING CO. v. KENNY CONSTRUCTION CO.

No. 17720.

395 F.2d 683 (1968)

ASHLAND OIL & REFINING COMPANY, Plaintiff-Appellant, v. KENNY CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 29, 1968.

Attorney(s) appearing for the Case

W. H. Dysard, Ashland, Ky., Dysard, Johnson & Welch, Ashland, Ky., on brief; Arloe W. Mayne, General Counsel, Ashland Oil & Refining Co., Ashland, Ky., of counsel, for appellant.

Stephen A. Milwid, Chicago, Ill., R. R. McMahan, Lord, Bissell & Brook, Chicago, Ill., Herbert L. Rose, Nickell, Fanning & Rose, Ashland, Ky., on brief, for appellee.

Before PECK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

Ashland Oil & Refining Company (herein "plaintiff") brought suit to recover damages to two of its steam generators allegedly caused by the blasting operations of Kenny Construction Company (herein "defendant"). After a four day trial to the District Court sitting without a jury, judgment was entered for defendant in accordance with the trial court's finding that plaintiff failed to prove the blasting proximately caused the damage complained...

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