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F & D PROPERTY CO. v. ALKIRE

No. 9430.

385 F.2d 97 (1967)

The F & D PROPERTY CO., a Corporation, and Fred M. Winner, Receiver, Appellants, v. James H. ALKIRE et al. and Younker Brothers, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

November 6, 1967.

Attorney(s) appearing for the Case

Richard L. Eason, of Van Cise, Freeman, Tooley & Eason, Denver, Colo., for appellants.

Donald S. Graham, of Davis, Graham & Stubbs, Denver, Colo. (Dale R. Harris, Denver, Colo., was with him on the brief), for appellees.

Before PICKETT, HILL and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

This action was brought by the present owners of leased property in Denver, Colorado, to recover delinquent rentals and other charges due under the terms of the lease. The complaint alleges that the defendant Younker Brothers, Inc., a Delaware corporation, had, by written agreement, assumed the obligations imposed upon the original lessee and was liable for the delinquent rentals and other charges. Younker Brothers instituted third party proceedings...

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