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MARKS v. F. W. WOOLWORTH CO.

No. 5441.

32 F.2d 145 (1929)

MARKS et al. v. F. W. WOOLWORTH CO. F. W. WOOLWORTH CO. v. CARSON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1929.

Attorney(s) appearing for the Case

Dexter Hamilton, of Dallas, Tex., and W. A. Tarver, of Corsicana, Tex. (Davis, Jester & Tarver, of Corsicana, Tex., and Cockrell, McBride, O'Donnell & Hamilton, of Dallas, Tex., on the brief), for appellants Marks and others.

Alex W. Spence, of Dallas, Tex. (Smithdeal, Shook, Spence & Bowyer, of Dallas, Tex., on the brief), for appellee and appellant Woolworth Co.

C. W. Taylor, of Corsicana, Tex. (Taylor & Howell, of Corsicana, Tex., on the brief), for appellee Carson.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

A party wall between the one-story building of Marks Bros. and the two-story building of Sophia Baum collapsed shortly after the Marks building was razed to permit the erection of a two-story building in its place. The F. W. Woolworth Company, lessee of the Baum building, brought this suit against Marks Bros., their contractor John R. Carson, and Mrs. Baum, to recover for the damage to their stock of goods and for loss of profits in their mercantile...

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