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FLECK v. ANG COAL GASIFICATION CO.

Civ. No. 940062.

522 N.W.2d 445 (1994)

Melvin FLECK, Plaintiff and Appellant, v. ANG COAL GASIFICATION CO., a foreign corporation, Defendant and Appellee.

Supreme Court of North Dakota.

October 3, 1994.

Attorney(s) appearing for the Case

David C. Thompson (argued), Grand Forks, Jeanette T. Boechler, Boechler Law Firm, Fargo, and Irvin B. Nodland, Irvin B. Nodland, P.C., Bismarck, for plaintiff and appellant.

Randall J. Bakke, Smith Bakke & Hovland, Bismarck, for defendant and appellee.

VANDE WALLE, Chief Justice.

Melvin Fleck appealed from a summary judgment dismissing his personal injury action against ANG Coal Gasification Company [ANG]. We affirm.

ANG operates a coal gasification plant in Beulah, North Dakota. In 1984, ANG hired Ceramic Cooling Tower Company [CCT] to replace plastic tiles with ceramic tiles in the water cooling towers at ANG's plant. The parties agree that CCT was an independent...

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