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SCHECHTER v. S. S. KRESGE CO.

Nos. 76-2021, 76-2074.

579 F.2d 1231 (1978)

Al J. SCHECHTER, Plaintiff-Appellant and Cross-Appellee, v. S. S. KRESGE COMPANY, d/b/a K-Mart, K-Mart Enterprises of Colorado, Inc., Sherwin-Williams Company, d/b/a Acme Quality Paints, Inc., James C. Crocker and Bruce Spence, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 28, 1978.

Attorney(s) appearing for the Case

Robert S. Treece, Denver, Colo. (Peter F. Jones, Yegge, Hall & Evans, Denver, Colo., on the brief), for plaintiff-appellant and cross-appellee.

Michael A. Williams, Denver, Colo. (Craig A. Christensen, Larry R. Martinez, and Deanna E. Hickman, of Dawson, Nagel, Sherman & Howard, Denver, Colo., on the brief), for defendants-appellees and cross-appellants.

Before SETH, Chief Judge, and McWILLIAMS and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a diversity case arising out of a fire which caused extensive damage to a K-Mart store in Englewood, Colorado. The controversy is between Al J. Schechter, the owner of the store premises, and S. S. Kresge Company, doing business as K-Mart, which leased the store premises from Schechter. It is agreed that the fire was started by an arsonist. The sprinkling system was activated and the local fire department responded. It is also undisputed...

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