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DAKOTA GASIFICATION v. PASCOE BLDG. SYSTEMS

No. 95-2548.

91 F.3d 1094 (1996)

DAKOTA GASIFICATION COMPANY, Appellant, v. PASCOE BUILDING SYSTEMS, A DIVISION OF AMCORD, INC.; Del Con, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 1, 1996.

Attorney(s) appearing for the Case

Thomas G. Mattson, Minneapolis, MN, argued (David A. Engen and William L. Norine, on the brief), for appellant.

Mart Daniel Vogel, Fargo, ND, argued (C. Nicholas Vogel, on the brief), for appellee.

Before McMILLIAN and BEAM, Circuit Judges, and PERRY, District Judge.

PERRY, District Judge.

Dakota Gasification Company ("Dakota") appeals from the district court's1 order granting summary judgment in favor of Pascoe Building Systems ("Pascoe"). The district court ruled that the economic loss doctrine prevented Dakota from availing itself of tort remedies when structural steel beams used in an oxygen plant provided on a "turnkey basis" failed. We affirm the district...

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