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DOW CHEMICAL FINANCE CORP. v. MARANA ASSOC.

2 CA-CIV 3540.

128 Ariz. 47 (1980)

623 P.2d 836

DOW CHEMICAL FINANCE CORPORATION, Dow Chemical Investment & Financial Corporation and Fireman's Fund American Insurance Companies, Plaintiffs/Appellees, v. MARANA ASSOCIATES, a partnership; Kirby Hughes and Edith Hughes, husband and wife, and individually; J.D. Hughes and Pauline Hughes, husband and wife, and individually; Ronnie Hughes and Shelley Hughes, husband and wife, and individually, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 29, 1981.

Review Denied February 18, 1981.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by Robert E. Lundquist, Tucson, for plaintiffs/appellees.

Stanfield, McCarville, Coxon & Fitzgibbons by Franklin D. Coxon, Casa Grande, for defendants/appellants.

OPINION

HOWARD, Judge.

The issue in this case is whether a landlord, whose negligence causes injury to persons outside the leased premises, is entitled to be indemnified by the lessee of the premises.

Dow Chemical leased farm land to Marana Associates. The lease contained the following language:

"8. Lessee, as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for injuries to persons in or...

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