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FONTIUS SHOE CO. v. INDUS. WESTERN, INC.

No. 78-981.

596 P.2d 1209 (1979)

The FONTIUS SHOE COMPANY, a Colorado Corporation, Plaintiff-Appellee, v. INDUSTRIAL WESTERN, INC., a Utah Corporation, Holland Properties Co., a partnership, and Muriel Swayze, an Individual, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 29, 1979.

Certiorari Denied June 25, 1979.

Attorney(s) appearing for the Case

Wegher & Fulton, P. C., David R. DeMuro, Denver, for plaintiff-appellee.

Dietze & Davis, Peter C. Dietze, William D. Bremer, Boulder, for defendants-appellants.

STERNBERG, Judge.

The Fontius Shoe Company, tenant, occupies certain premises in the Crossroads Shopping Center in Boulder, pursuant to a 20-year lease with Industrial Western, Inc., landlord. The City of Boulder passed a Life Safety Code requiring installation of an automatic sprinkler system in various locations throughout the mall, including the premises of Fontius. The question is whether the tenant or the landlord should pay for the costs of installation of the...

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