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CITY STORES CO. v. LERNER SHOPS OF DISTRICT OF COLUMBIA, INC.

No. 21642.

410 F.2d 1010 (1969)

CITY STORES COMPANY, Appellant, v. LERNER SHOPS OF DISTRICT OF COLUMBIA, INC., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 6, 1969.

Attorney(s) appearing for the Case

Mr. Robert C. Maynard, Washington, D. C., with whom Mr. Francis L. Casey, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Jack Rephan, Washington, D. C., with whom Mr. Marshall E. Miller, Washington, D. C., was on the brief, for appellees.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.

WILBUR K. MILLER, Senior Circuit Judge:

The appellees, Lerner Shops of District of Columbia, Inc., Feil Brothers Corporation and Mary Jane Stores of Washington, Inc., sued the appellant, City Stores Company, for losses sustained by them in a fire which they alleged was caused by the negligence of appellant in permitting combustible materials to accumulate in an alley between their places of business and that of City Stores.

Through interrogatories, the appellant...

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