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STROMBERG'S v. VICTOR GRUEN & ASSOCIATES

No. 9126.

384 F.2d 163 (1967)

STROMBERG'S, a co-partnership consisting of Jackson C. Stromberg and B. C. Stromberg, and H. Cook Sporting Goods Co., a co-partnership consisting of Harold Gardenswartz and Carl L. Wheeler, Appellants, v. VICTOR GRUEN & ASSOCIATES, Dickman, Pickens and Bond, a corporation, presently known as Pickens Bond Construction Company, a corporation, Winrock Enterprises, Inc., a corporation, Winrock Development Company, a partnership consisting of Winthrop Rockefeller, W. E. Harber and Thomas Walsh, Appellees.

United States Court of Appeals Tenth Circuit.

October 19, 1967.

Attorney(s) appearing for the Case

George T. Harris, Jr., and James A. Parker, Albuquerque, N. M., for appellants.

Russell Moore, Albuquerque, N. M., (W. A. Keleher and A. H. McLeod, Albuquerque, N. M., with him on brief) for appellee Victor Gruen & Associates.

Pat Sheehan, Albuquerque, N. M., for appellee Dickman, Pickens and Bond.

Bryan G. Johnson, Albuquerque, N. M., (Eric D. Lanphere, Albuquerque, N. M., with him on brief) for appellees Winrock Enterprises, Inc. and Winrock Development Company.

Before JONES, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

Plaintiffs-appellants, tenants in the Winrock Shopping Center, Albuquerque, New Mexico, filed suit for damages caused by water that flooded their premises during a severe rainstorm. The appellees are the owners of the Center and the landlords of the appellants, the architects who designed and supervised construction of the Center, and the general contractor.

Appellants charged each appellee with negligence, illegal trespass, and the...

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