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McKEE ELECTRIC CO. v. CARSON OIL CO.

A8108-04708; CA A29903.

688 P.2d 1360 (1984)

70 Or.App. 1

MCKEE ELECTRIC COMPANY, Inc., West American Insurance Company, a Corporation, John A. McKee and Elenore B. McKee, Respondents, v. CARSON OIL COMPANY, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1984.

Review Allowed December 4, 1984.

Attorney(s) appearing for the Case

Timothy N. Brittle, Portland, argued the cause for appellant. With him on brief was Acker, Underwood & Smith, Portland.

Richard L. Grant, Portland, argued the cause for respondents. With him on brief were James K. Buell, and Buell, Black & DuPuy, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

Plaintiff1 brought this action for damages, alleging that, while in the course of delivering gasoline to an underground storage tank at plaintiff's place of business, defendant's employee negligently overfilled the tank, causing gasoline to flow under the delivery truck. The truck somehow ignited the gasoline vapor, and the resulting explosion and fire completely consumed the truck and most of plaintiff's adjacent...

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