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EMPIRE LUMBER CO. v. THERMAL-DYNAMIC TOWERS, INC.

No. 23062.

971 P.2d 1119 (1998)

132 Idaho 295

EMPIRE LUMBER COMPANY, a Washington corporation, Plaintiff-Respondent, v. THERMAL-DYNAMIC TOWERS, INC., d/b/a Thermal-Dynamic Cooling Towers, Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 1997 Term.

Rehearing Denied February 18, 1999.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Chartered, and Lynch & Associates, Boise, for appellant. Robert E. Bakes argued.

Charles A. Brown, Lewiston, for respondent.

SILAK, Justice

This is an appeal from a judgment entered on a jury verdict in favor of the respondent Empire Lumber Company (Empire), lessor, and against the appellant Thermal-Dynamic Towers, Inc. (TDT), lessee, for negligence and breach of a lease of space in a warehouse resulting from a fire which destroyed the warehouse. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

In 1979, Empire purchased a nine-acre parcel of property in Post Falls...

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