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THOMAS & SON TR. LINE, INC. v. KENYON, INC.

No. 76-641.

574 P.2d 107 (1977)

THOMAS & SON TRANSFER LINE, INC., Plaintiff-Appellant, v. KENYON, INC., a dissolved Colorado Corporation, Ralph D. Kenyon, Lucille Kenyon, Jack P. Kenyon, Audrey A. Moritz, Abe R. Cohen, Sam E. Cohen, Irene P. Cohen, and Betty Cohen, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 10, 1977.

Certiorari Granted February 6, 1978.

Attorney(s) appearing for the Case

Willis V. Carpenter, Andrew S. Klatskin, Denver, for plaintiff-appellant.

Atler, Zall & Haligman, P. C., Edward I. Haligman, Marc R. Carlson, Denver, for defendants-appellees Kenyon, Inc., Ralph D. Kenyon, Lucille Kenyon, Jack P. Kenyon, and Audrey A. Moritz.

Berenbaum, Weinberger & Susman, Stephen T. Susman, Denver, for defendants-appellees Abe R. Cohen, Sam E. Cohen, Irene P. Cohen, and Betty Cohen.

VanCISE, Judge.

Plaintiff, Thomas & Son Transfer Line, Inc. (lessee), appeals that part of the judgment denying its prayer for specific performance of a right of refusal contained in a lease from defendants Kenyon, Inc., Ralph D., Lucille, and Jack P. Kenyon, and Audrey A. Moritz (the lessors), pertaining to commercial property sold by lessors to defendants Cohen (the buyers). No cross appeals were filed. We reverse.

The essential facts do not appear to...

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