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SCHMIDT v. PLAINS ELEC., INC.

Civ. Nos. 9553, 9554.

281 N.W.2d 794 (1979)

Lawrence SCHMIDT and Pat Schmidt, d.b.a. Pat's Motel, Plaintiffs and Appellees, v. PLAINS ELECTRIC, INC., Defendant, Third-Party Plaintiff, Appellee and Appellant, v. McGRAW-EDISON COMPANY, a foreign corporation, Third-Party Defendant, Appellant and Appellee. Robert PIERCE, Allen L. Binder, and Agnes M. LeSarge, Plaintiffs and Appellees, v. PLAINS ELECTRIC, INC., Defendant, Third-Party Plaintiff, Appellee and Appellant, v. McGRAW-EDISON COMPANY, a foreign corporation, Third-Party Defendant, Appellant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied August 2, 1979.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for plaintiffs and appellees Pat's Motel.

Pringle & Herigstad, Minot, for appellee and appellant Plains Electric, Inc.; argued by Mitchell Mahoney, Minot.

Wheeler, Wolf, Wefald & Peterson, Bismarck, for appellant and appellee McGraw-Edison Co.; argued by Albert A. Wolf, Bismarck.

SAND, Justice.

On 12 January 1974 a fire completely destroyed eight units of a motel located on the outskirts of Minot. The district court concluded the fire was caused by the malfunction or faulty design of an electric wall heater manufactured and supplied by McGraw-Edison Company and installed by Plains Electric, Inc. Judgment was entered accordingly, from which both McGraw-Edison and Plains Electric appealed.

In 1973, the plaintiffs, Lawrence and Pat Schmidt...

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