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COOPER v. MART ASSOCIATES

Docket No. 21008.

225 Cal.App.2d 108 (1964)

37 Cal. Rptr. 145

ROGER J. COOPER et al., Plaintiffs and Respondents, v. MART ASSOCIATES, Defendant, Cross-complainant and Appellant; ARMSTRONG CORK COMPANY, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, First District, Division Two.

February 24, 1964.

Attorney(s) appearing for the Case

Boyd, Flageollet & Benson, Boyd, Benson & Gregory and Herbert Chamberlin for Defendant, Cross-complainant and Appellant.

Bronson, Bronson & McKinnon and Harold R. McKinnon for Plaintiffs and Respondents.

O'Connor, Moran, Cohn & Lynch, Harold H. Cohn and George Olshausen for Defendant, Cross-complainant and Respondent.

AGEE, J.

Defendant Mart Associates is the master-lessee of the Western Merchandise Mart, a 10-story block-square building fronting on Market Street, in San Francisco. Some 500 tenants rent from Mart, about 75 of which are on the second floor. The spaces rented are used for the purpose of displaying and selling furniture, home equipment and related goods.

On the night of August 5, 1958, a fire occurred on the second floor. The plaintiffs in this ensuing damage...

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