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MYERS v. WESTLAND OIL CO.

Civ. Nos. 1583, 1582.

96 F.Supp. 667 (1949)

MYERS v. WESTLAND OIL CO. FOSTER v. WESTLAND OIL CO.

United States District Court D. North Dakota, N. W. D.

May 16, 1949.

Attorney(s) appearing for the Case

Murray & Murray, J. A. Austin, all of Bismarck, N. D. and Joseph P. Stevens, of Minot, N. D., for plaintiffs.

J. F. X. Conmy, of Fargo, N. D., Francis Murphy, of Fargo, N. D. and George A. McGee, of Minot, N. D., for defendant.

VOGEL, District Judge.

These two cases involve identical questions and will be treated together in this memorandum. One is for damages by reason of alleged personal injuries sustained by the plaintiff in an explosion and fire on the defendant's premises. The second is for damages by reason of wrongful death occurring at the same time. Through use of the discovery rules, the defendant was able to disclose on the record the undisputed fact that both plaintiffs had exercised...

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