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STECKLER v. MILLER & HOLMES, INC.

Civ. Nos. 9885-9888.

303 N.W.2d 560 (1981)

Sandra STECKLER, Plaintiff, v. MILLER & HOLMES, INC., a Minnesota Corporation, Defendant and Appellee, and Northern Tank Line, Inc., a Montana Corporation, Defendant and Appellant. Leo SAND, Plaintiff, v. MILLER & HOLMES, INC., a Minnesota Corporation, Defendant and Appellee, and Northern Tank Line, Inc., a Montana Corporation, Defendant and Appellant. Kenneth SAND, Plaintiff, v. MILLER & HOLMES, INC., a Minnesota Corporation, Defendant and Appellee, and Northern Tank Line, Inc., a Montana Corporation, Defendant and Appellant. Thresa SAND, Plaintiff, v. MILLER & HOLMES, INC., a Minnesota Corporation, Defendant and Appellee, and Northern Tank Line, Inc., a Montana Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

March 25, 1981.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant and appellee; argued by Paul G. Kloster, Dickinson.

Wheeler, Wolf, Peterson & McDonald, Bismarck, for defendant and appellant; argued by R. W. Wheeler, Bismarck.

ERICKSTAD, Chief Justice.

The appellant, Northern Tank Line, Inc., (NTL) appeals from the judgment entered by the District Court of Stark County which determined that NTL was 75% responsible for damages resulting from a fire which occurred when one of its drivers was filling the co-defendant/appellee's, Miller & Holmes, Inc., gasoline storage tank. We affirm the judgment.

This controversy was submitted to the trial court upon stipulated facts. The parties...

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