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McAFEE v. PHILLIPS PETROLEUM COMPANY

No. 1716.

300 F.Supp. 651 (1969)

Lyle E. McAFEE, Plaintiff, v. PHILLIPS PETROLEUM COMPANY, a Corporation, Defendant.

United States District Court D. Montana, Helena Division.

June 17, 1969.

Attorney(s) appearing for the Case

John V. Potter, Jr., White Sulphur Springs, Mont., Patrick F. Hooks, Townsend, Mont., for plaintiff.

Jack L. Lewis, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

For the reasons stated plaintiff's motion to remand is granted.

Plaintiff, a Montana citizen, the employee of Castle Mountain Livestock Company, alleges that he was injured by breathing ammonium nitrate fertilizer which had spilled from a broken sack. Plaintiff's employer had ordered the fertilizer from Teslow, Incorporated, (Teslow) of Bozeman, a Montana corporation. Teslow had purchased the fertilizer...

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