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WICKEN v. MORRIS

No. C7-93-1159.

527 N.W.2d 95 (1995)

Joyce Marie WICKEN, as Trustee for the Next-of-Kin of Donald Leroy Wicken, Eleanor Jarvi, as Trustee for the Next-of-Kin of Wiljo Alvar Jarvi, Respondents, v. Winston MORRIS, Defendant, Ronald Fields, Petitioner, Appellant, and Nitrochem, Inc., a foreign corporation, Defendant.

Supreme Court of Minnesota.

February 3, 1995.

Attorney(s) appearing for the Case

Robert J. Terhaar, Thomas F. Ascher, Cosgrove, Flynn, Gaskins & O'Connor, Minneapolis, for appellant.

Edward J. Matonich, David A. Arndt, Matonich & Persson, Chartered, Hibbing, for Wicken.

Thomas R. Thibodeau, Johnson, Killen, Thibodeau & Seiler, Duluth, for Jarvi.

Allen W. Hinderaker, Brian N. Johnson, David H. Wright, Thomas Mielenhausen, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for defendant.

Heard, considered, and decided by the court en banc.

OPINION

STRINGER, Justice.

Donald Wicken and Wiljo Jarvi, employees of the Nitrochem Energy Corporation (NEC) manufacturing plant in Biwabik, Minnesota, were killed as a result of an explosion at the plant on November 3, 1989. The explosion occurred as the two men attended a fire intended to dispose of MS-80, a blasting agent composed primarily of aluminum nitrate material and manufactured by NEC.

The Biwabik plant was established by Dow Chemical...

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