DAKOTA GASIFICATION COMPANY, Appellant, v. PASCOE BUILDING SYSTEMS, a DIVISION OF AMCORD, INC.; Del Con, Inc., Appellees

PERRY, District Judge.

Dakota Gasification Company (“Dakota”) appeals from the district court’s 1 order granting summary judgment in favor of Pas-coe Building Systems (“Pascoe”). The district court ruled that the economic loss doctrine prevented Dakota from availing itself of tort remedies when structural steel beams used in an oxygen plant provided on a “turnkey basis” failed. We affirm the district court’s grant of summary judgment in favor of Paseoe.

I

The facts involved in this ease are substantially uncontested. In 1977, several pipeline companies formed the ANG Coal Gasification Company…