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SCRANTON GRAIN CO. v. LUBBOCK MACHINE & SUPPLY CO.

Civ. No. 8518.

167 N.W.2d 748 (1969)

SCRANTON GRAIN COMPANY, a Corporation, Plaintiff and Appellant, v. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation; Lubbock Manufacturing Company, Inc., a Corporation; and Fargo Foundry Steel & Manufacturing Co., a Corporation; Defendants, and Roper Hydraulics, Inc., a Corporation, Defendant and Respondent. ROPER INDUSTRIES, INC., a Corporation, Defendant, Respondent, and Cross-Respondent, v. LUBBOCK MACHINE & SUPPLY COMPANY, a Corporation, Defendant and Third-Party Plaintiff, v. L. P. GAS TRANSPORT CO.; and Carl J. Austad & Son, a Corporation; Third-Party Defendants, and Scranton Equity Exchange, a Cooperative Association, Third-Party Defendant and Cross-Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 27, 1969.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, and Heineke, Conklin & Schrader, Chicago, Ill., for plaintiff and appellant.

Zuger, Zuger & Bucklin, Bismarck, for defendant and respondent Roper Hydraulics, Inc., and for Roper Industries, Inc.

Frederick E. Saefke, Jr., Bismarck, for third-party defendant and cross-appellant Scranton Equity Exchange.

Fleck, Smith, Mather, Strutz, Mayer & Stewart, Bismarck, for Lubbock Machine & Supply Co. and for Lubbock Mfg. Co., Inc.

Nilles, Oehlert, Hansen, Selbo & Magill, Fargo, for Fargo Foundry Steel & Mfg. Co. (not involved in appeal).

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for L. P. Gas Transport Co. and for Carl J. Austad & Son (not involved in appeal).

STRUTZ, Judge.

This action was commenced by the plaintiff for damages which it claims to have suffered because of the explosion of a transport truck belonging to the defendant Carl J. Austad & Son (Austad), which truck was delivering propane gas to the defendant Scranton Equity Exchange. The plaintiff alleges that such explosion was due in part to a defective fuel pump on the gas transport truck. The fuel pump in question had been sold to Austad by Fargo Foundry...

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