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LUNDEBREK v. CHAMBERLAIN OIL CO.

No. CO-84-1397.

361 N.W.2d 885 (1985)

George LUNDEBREK, Appellant, v. CHAMBERLAIN OIL COMPANY, defendant and third party plaintiff, Respondent, v. SERVICEMASTER OF WILLMAR, INC., third party defendant, Respondent.

Court of Appeals of Minnesota.

January 29, 1985.

Attorney(s) appearing for the Case

Mark E. Tracy, Barnard, Hilleren & Spates, P.A., Benson, for appellant.

Robert S. Cragg, Cragg & Bailly, Minneapolis, for Chamberlain Oil Co.

Raymond R. Waechter, Gustafson, Waechter & Holbrook, Willmar, for ServiceMaster of Willmar, Inc.

Heard, considered and decided by PARKER, P.J., and SEDGWICK and LESLIE, JJ.

OPINION

LESLIE, Judge.

This appeal is from a judgment in favor of the respondents and an order denying the appellant's motion for a new trial or a hearing on the issue of allegedly improper jury instructions. We reverse and remand for a new trial.

FACTS

The appellant commenced this action in April 1982, claiming that respondent Chamberlain Oil Company had negligently caused an oil spill in his yard, which in turn had caused damage to his...

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