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LEXINGTON INS. CO. v. F.W. WOOLWORTH CO.

No. 99-3609.

230 F.3d 835 (2000)

LEXINGTON INSURANCE COMPANY, as subrogee of New Plan Realty Trust, Plaintiff-Appellee, v. F.W. WOOLWORTH COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 1, 2000.

Attorney(s) appearing for the Case

Bradley L. Snyder (briefed), Roetzel & Andress, Columbus, Ohio, Elliott R. Feldman (argued and briefed), Cozen & O'Connor, Philadelphia, Pennsylvania, for Plaintiff-Appellee.

Thomas J. Gruber (argued and briefed), McCaslin, Imbus & McCaslin, Cincinnati, Ohio, for Defendant-Appellant.

Before: NELSON, BOGGS, and DAUGHTREY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206.

OPINION

DAVID A. NELSON, Circuit Judge.

A shopping mall tenant appeals here from a judgment in favor of its landlord's casualty insurance carrier on a subrogation claim asserted against the tenant in the wake of a fire that damaged the leased premises.

A jury returned a verdict in favor of the tenant. The district court was ultimately persuaded, however, that terms of the lease obligating the tenant to...

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