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ATCIHSON v. CITY OF ENGLEWOOD

No. C-191.

506 P.2d 140 (1973)

Alfred P. ATCHISON and Ida Mae Atchison, Petitioners, v. The CITY OF ENGLEWOOD, a municipal corporation, and The Martin Marietta Corporation, a Maryland corporation, Respondents.

Supreme Court of Colorado, En Banc.

February 5, 1973.

Attorney(s) appearing for the Case

Ralph A. Cole, William O. Perry, Thomas C. Singer, Denver, for petitioners.

Dawson, Nagel, Sherman & Howard, Michael E. Reidy, Raymond J. Turner, Denver, for respondent Martin Marietta Corporation.

Bernard V. Berardini, Englewood, for respondent City of Englewood.

GROVES, Justice.

In 1949 the petitioners (Atchisons) sold certain property to the respondent City of Englewood (City). The documents involved in the sale gave the Atchisons a preemptive right to repurchase the property. In 1956 the City leased the property to the respondent Martin Marietta Corporation (Martin) and granted Martin an irrevocable option to purchase the property during the life of the lease. This lease was recorded in 1966 and the option was exercised...

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