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JOSLIN DRY GOODS COMPANY v. VILLA ITALIA, LTD.

No. 74-043.

539 P.2d 137 (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.

Rehearing Denied February 10, 1975.

Attorney(s) appearing for the Case

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

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

Selected for Official Publication.

PIERCE, Judge.

Appellee Joslin Dry Goods Company (Joslin's) brought this suit to enjoin Villa Italia, Ltd., and Abe Perlmutter Construction Company, Inc., from constructing a building intended to be occupied by a Safeway supermarket on the premises of the Villa Italia Shopping Center. Joslin's alleged that its lease agreement with Villa Italia's predecessor in interest prohibited the landlord from erecting a building within...

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