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PILLSBURY CO. v. CLEAVER-BROOKS DIVISION, ETC.

No. 80-1223.

646 F.2d 1216 (1981)

PILLSBURY CO., Appellant, v. CLEAVER-BROOKS DIVISION OF AQUA-CHEM, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed April 22, 1981.

Attorney(s) appearing for the Case

Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., James D. Steiner, Minneapolis, Minn., argued, Robert M. Wattson, Minneapolis, Minn., Kenneth M. Moran, Jamestown, N. D., for appellant.

Paul G. Woutat, Grand Forks, N. D., argued, Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, N. D., for appellee.

Before BRIGHT, Circuit Judge, GIBSON, Senior Circuit Judge, and ROSS, Circuit Judge.

ROSS, Circuit Judge.

In this products liability action, the Pillsbury Company sought recovery for damages to a steam boiler unit from the unit's manufacturer, Cleaver-Brooks Division of Aqua-Chem, Inc. Pillsbury alleged that a defect in the design of the automatic cutoff devices prevented the boiler from shutting itself off during a low water condition on April 26, 1975, and sought recovery for the damages to the boiler under the theories of negligence, breach of...

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