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FARMINGTON PLUMBING v. FISCHER SAND

No. 47835.

281 N.W.2d 838 (1979)

FARMINGTON PLUMBING & HEATING COMPANY, et al., Plaintiffs, v. FISCHER SAND AND AGGREGATE, INC., Appellant, Wenzel Plumbing and Heating, Inc., and Hilite Electric Company, Respondents, Peoples Natural Gas Company, Defendant.

Supreme Court of Minnesota.

Rehearing Denied July 13, 1979.

Attorney(s) appearing for the Case

Maun, Hazel, Green, Hayes, Simon & Aretz and M. C. Green, St. Paul, for Fischer Sand & Aggregate, Inc.

Mahoney, Dougherty & Mahoney, Kenneth P. Gleason and Richard P. Mahoney, Minneapolis, for respondents.

Heard before TODD, SCOTT and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

Fischer Sand and Aggregate, Inc. (Fischer) appeals a judgment of the Dakota County District Court in an action brought by plaintiffs against Fischer, the City of Farmington, Peoples Natural Gas Company and Wenzel Plumbing and Heating/Hilite Electric Company (Hilite) for damages caused by a gas explosion on July 24, 1974.1 The jury found that all four defendants were negligent but that only the negligence of Fischer and Hilite...

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