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LIBERTY MUT. INS. CO. v. NORTH LAUREL SHOPPING CEN., INC.

No. 26418.

410 F.2d 96 (1969)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, v. NORTH LAUREL SHOPPING CENTER, INC., Defendant-Cross-Appellee, D. D. Bush, and Harry Bush and James Wray Bush, Co-Executors of the Estate of A. A. Bush, Deceased, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied May 16, 1969.

Attorney(s) appearing for the Case

M. M. Roberts, Hattiesburg, Miss., for appellant.

L. F. Sams, Jr., Daniel, Coker, Horton & Bell, Jackson, Miss., for appellee, cross-appellant and appellant.

Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.

Rehearing Denied and Rehearing En Banc Denied May 16, 1969.

DYER, Circuit Judge:

Out of a welter of contentions and counter-contentions, the fulcrum of this appeal lies in whether or not, under the unambiguous terms of a written lease between the appellants as landlord, and Delchamps as tenant, the landlord is liable for damages arising out of injuries sustained by two customers of the tenant who fell while traversing an inside passageway between an adjoining...

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