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JOSLIN DRY GOODS COMPANY v. VILLA ITALIA, LTD.

No. 74-043.

541 P.2d 118 (1975)

The JOSLIN DRY GOODS COMPANY, a Colorado Corporation, Plaintiff-Appellee, v. VILLA ITALIA, LTD., a Limited Partnership and Abe Perlmutter Construction Co., Inc., a Colorado Corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

September 30, 1975.

Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, P. C., John H. Dahle, Denver, for plaintiff-appellee.

Conover, McClearn, Burkhardt & Heppenstall, P.C., Rick G. Davis, Richard R. Helmick, Denver, for defendants-appellants.

Not Selected for Official Publication.

PIERCE, Judge.

Defendant Villa Italia, Ltd. (Villa) appeals from an order enjoining the construction of a Safeway store within the premises of the Villa Italia Shopping Center. We affirm.

A permanent injunction was sought by the Joslin Dry Goods Company (Joslins), a store within the shopping center, based on a clause within the lease agreement with Villa. That clause provided that no structure could be erected...

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