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ARKWRIGHT MUT. INS. CO. v. GWINNER OIL, INC.

Nos. 96-3004, 96-3223 and 96-3227.

125 F.3d 1176 (1997)

ARKWRIGHT MUTUAL INSURANCE COMPANY, a Massachusetts corporation; Insurance Company of North America, a Pennsylvania corporation, Plaintiffs-Appellants, v. GWINNER OIL, INC., a North Dakota corporation; Commonwealth Petroleum Co., an Ohio Corporation; Gwinner Propane Inc., an Ohio corporation, Defendants-Appellees. ARKWRIGHT MUTUAL INSURANCE COMPANY, a Massachusetts corporation; Insurance Company of North America, a Pennsylvania corporation, Plaintiffs-Appellees, v. GWINNER OIL, INC., a North Dakota corporation, Defendant, Commonwealth Petroleum Co., an Ohio corporation; Gwinner Propane, Inc., an Ohio corporation, Defendants-Appellants. ARKWRIGHT MUTUAL INSURANCE COMPANY, a Massachusetts corporation; Insurance Company of North America, a Pennsylvania corporation, Plaintiffs-Appellees, v. GWINNER OIL, INC., a North Dakota corporation, Defendant-Appellant, Commonwealth Petroleum Co., an Ohio corporation; Gwinner Propane, Inc., an Ohio Corporation, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 19, 1997.

Attorney(s) appearing for the Case

Emmet J. McMahon, Minneapolis, MN, argued (James D. Steiner and Richard H. Kyle, Jr., on the brief), for Appellant.

Gregory P. Bulinski, Minneapolis, MN, argued (Charles E. Lunberg and Richard Henderson, on the brief), for Appellee.

Before MURPHY and HEANEY, Circuit Judges, and BOGUE, District Judge.

BOGUE, Senior District Judge.

This case arises out of an explosion and fire in Gwinner, North Dakota at The Melroe Company's manufacturing plant, on January 31, 1993. The plaintiffs, Arkwright Mutual Insurance Company and Insurance Company of North America were Melroe's property insurers at the time of the explosion. They brought this subrogation action in their own names against the defendants, Gwinner Oil Company and Gwinner...

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