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PHILLIPS PETROLEUM CO. v. STOKES OIL CO., INC.

Nos. 87-5444, 87-5468.

863 F.2d 1250 (1988)

PHILLIPS PETROLEUM COMPANY, Plaintiff, v. STOKES OIL COMPANY, INC., Defendant-Appellant (87-5444), Defendant-Appellee (87-5468), and Marine Transportation Company, Defendant-Appellee (87-5444), Defendant-Appellant (87-5468).

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1988.

Attorney(s) appearing for the Case

Robert Nienhuis, John R. Halpern (argued), Goldstein and Price, St. Louis, Mo., for Marine Transp. Co.

Michael P. Penick, Boehl, Stopher, Graves, Deindoerfer, M. Greg Rains (argued), Paducah, Ky., for Stokes Oil Co., Inc.

Before JONES and RYAN, Circuit Judge, and HULL, District Judge.

RYAN, Circuit Judge.

This is an appeal and cross-appeal from judgments entered below in this litigation growing out of a fire that occurred on January 27, 1981 in a gasoline storage facility in Hickman, Kentucky.

The issues raised by the appellants and cross-appellants are whether the trial court erred in

1. apportioning liability, 2. rejecting a claim of implied warranty of workmanlike performance, 3. admitting certain documentary...

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