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YOST v. A. O. SMITH CORP.

Nos. 76-1985 and 76-1986.

562 F.2d 592 (1977)

Everett B. YOST, Administrator of the Estate of Sally Ann Yost, Deceased, Appellant, v. A. O. SMITH CORPORATION, a corporation, Emerson Electric Company, a corporation, Appellees, Appeal of ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation (two cases). Warren A. LEAGUE, Appellant, v. A. O. SMITH CORPORATION, a corporation, Emerson Electric Company, a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 3, 1977.

Attorney(s) appearing for the Case

Kent F. Jacobs, Seward, Neb., argued and filed appearance for appellants Yost and League and made conclusion of argument.

Donald E. Girard, Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, North Platte, Neb., on brief and filed appearance for St. Paul Fire & Marine Ins. Co.

Bryce Bartu, Blevens, Bartu, Blevens & Jacobs, Seward, Neb., argued and on brief, for Yost and League.

J. Arthur Curtiss and Roger M. Beverage of Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, Neb., argued and on brief, for A. O. Smith Corp.

Fredric H. Kauffman, Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Neb., argued and on brief, for Emerson Elec. Co.

Before BRIGHT, ROSS, and HENLEY, Circuit Judges.

BRIGHT, Circuit Judge.

Sally Ann Yost, a 24-year-old schoolteacher in the Stratton, Nebraska, public schools was killed, and Warren A. League, school custodian, sustained severe bodily injuries, in an August 31, 1973, propane gas explosion on the school premises. The explosion occurred at the site of a propane-burning water heater located in the school basement. The A. O. Smith Corporation manufactured the water heater in 1965, and Emerson Electric supplied the attached...

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