VAN DEN HUL v. BALTIC FARMERS ELEVATOR CO.

Nos. 82-2455, 82-2456.

716 F.2d 504 (1983)

Barbara VAN DEN HUL, Special Administratrix of the Estate of Ralph Van Den Hul, Deceased, Appellant, v. BALTIC FARMERS ELEVATOR COMPANY, a South Dakota cooperative association; The Baltic Cooperative Building Supply Association, a South Dakota cooperative association; Koopman & Sons Gas Company, Inc., a South Dakota corporation; and Crane Company, an Illinois corporation, Appellees. Mick ANDERSON, Appellant, v. BALTIC FARMERS ELEVATOR COMPANY, a South Dakota cooperative association; The Baltic Cooperative Building Supply Association, a South Dakota cooperative association; Koopman & Sons Gas Company, Inc., a South Dakota corporation; and Crane Company, an Illinois corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1983.

Rehearing Denied October 6, 1983.


Attorney(s) appearing for the Case

Edward J. Leahy, May, Johnson, Doyle & Becker, P.C., Sioux Falls, S.D., for Baltic Co-op. Bldg. Supply Ass'n.

John E. Simko, Woods, Fuller, Shultz & Smith, Sioux Falls, S.D., for Koopman & Sons Gas Co., Inc.

Stanley E. Siegel, Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, S.D. and Joel Hagen and Karen Schreier, Burns, Hagen & Wilka, Sioux Falls, S.D., for appellant Barbara Van Den Hul.

Thomas Frankman, Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, S.D., for appellant Mick Anderson.

Terry Prendergast, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., of counsel to appellants on brief only.

Before HEANEY, Circuit Judge, and FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.


HEANEY, Circuit Judge.

On May 28, 1980, Ralph Van Den Hul and Mick Anderson were painting at the Baltic Farmers Cooperative Elevator (Baltic Elevator) in Baltic, South Dakota, when an explosion ripped through the elevator. Van Den Hul was killed, and Anderson was severely burned. Barbara Van Den Hul, special administratrix of the estate of Ralph Van Den Hul, and Anderson brought wrongful death and personal injury actions...

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