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STUCKEY v. NORTHERN PROPANE GAS CO.

No. 88-8274.

874 F.2d 1563 (1989)

Oscar STUCKEY, Jr., Plaintiff-Appellee, Cross-Appellant, v. NORTHERN PROPANE GAS CO., a corporation; Buckeye Gas Products Co., a corporation, Defendants, Dixie Pipeline Company, a corporation, and Ferrell L.P., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 13, 1989.

Attorney(s) appearing for the Case

W. Pitts Carr, Eric F. Huber, Atlanta, Ga., for Dixie Pipeline Co.

David R. Schlee, Kansas City, Mo., for Ferrell L.P.

James C. Wirken, Wirken & King, Kansas City, Mo., James W. Hurt, Hurt, Pfeiffer & Hyman, Cordele, Ga., and Robert B. Langstaff, Langstaff & Plowden, Albany, Ga., for plaintiff-appellee, cross-appellant.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This case arises from a jury verdict finding Dixie Pipeline Co. ("Dixie") and Ferrell L.P. ("Ferrell") liable under Georgia law for injuries sustained by the plaintiff in a propane gas explosion caused by the defendants' negligence. We affirm in part, reverse in part, and remand for a new trial against Dixie.

I. FACTS

In June 1984, Oscar Stuckey was severely burned in the explosion of propane gas which had leaked into an empty...

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