WHITE v. AMOCO OIL CO.

No. 86-3466.

835 F.2d 1113 (1988)

Melvin WHITE, etc., et al., Plaintiffs, v. AMOCO OIL COMPANY and Hattie G. Clifton, Defendant-Third Party Plaintiff-Appellee, Cross-Appellant, v. MISSION INSURANCE CO., Defendant-Appellant-Appellee, v. HILL-ACME CORP., The Deutsch Co. and Western Employers Insurance Co., Third Party Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended February 22, 1988.

Rehearing Denied February 23, 1988.


Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, for plaintiffs.

Arthur H. Andrews, Baton Rouge, La., for Amoco & Hattie Clifton.

Charles A. O'Brien, III, Baton Rouge, La., for Deutsch, Western & Hill-Acme.

Before GOLDBERG and JONES, Circuit Judges.


GOLDBERG, Circuit Judge:

I. FACTS

On November 14, 1980, on a Louisiana sugarcane plantation, a tractor brushed against a liquified petroleum gas ("L.P. gas") tank and broke the piping used to remove the L.P. gas from the tank. L.P. gas leaking from the tank reached plaintiff Melvin White, who was working nearby. The gas ignited, severely burning White. The tank's excess flow valve should have shut off the flow of L.P. gas from the tank

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