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ARMSTRONG v. MAILAND

No. 48380.

284 N.W.2d 343 (1979)

Lois C. ARMSTRONG, As Trustee for the Next of Kin of Erling G. Armstrong, Decedent, et al., Appellants, v. Wallace M. MAILAND and Mary Ellen Mailand, Individually and d. b. a. Mailand Construction Company, Respondents, L. P. Gas Equipment, Inc., Respondent, E. S. P., Inc., Respondent, Transunion Company, et al., Respondents, International Harvester Company, Defendant, Trinity Industries, Defendant, Corken Pump Company, Defendant, Dahlen Transport, Inc., Respondent, Skelly Oil Company, Respondent, and DAHLEN TRANSPORT, INC., Wallace M. Mailand and Mary Ellen Mailand, Individually and d. b. a. Mailand Construction Company, third party plaintiffs, Respondents, International Harvester Company, Third Party Plaintiff, v. CITY OF WEST ST. PAUL, Third Party Defendant, Respondent.

Supreme Court of Minnesota.

February 9, 1979.

Attorney(s) appearing for the Case

DeParcq, Anderson, Perl, Hunegs & Rudquist and Stephen S. Eckman, Minneapolis, for appellants.

Van Eps & Gilmore, Duane E. Arndt and Wayne D. Tritbough, Lasley, Gaughan, Reid & Stich, Robins, Davis & Lyons, Minneapolis, for Mailand et al.

Mahoney, Dougherty & Mahoney and Richard Mahoney, Minneapolis, for L. P. Gas Equipment, Inc.

McEachron & McEachron and Thomas McEachron, Bloomington, for E. S. P., Inc.

Barnett, Ratelle, Hennessy, VanderVort, Stasel & Herzog, Minneapolis, for Transunion Co. et al.

Murnane, Murnane, Conlin & White and Robert Murnane, St. Paul, for Dahlen Transport, Inc.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Skelly Oil.

Dean K. Johnson, Bloomington, Hansen, Dordell & Bradt and William Bradt, St. Paul, for City of West St. Paul.

Heard, considered, and decided by the court en banc.

TODD, Justice.

On January 11, 1974, a fire occurred at a liquified petroleum (LP) gas storage facility. The facility was located at an apartment complex and LP gas was being delivered at the time. The fire started at the delivery truck. After the fire department arrived, the fire spread to the 11,000-gallon storage tank. While the fire was being fought, the LP storage tank exploded, killing three firemen. There is evidence...

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