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FITZGERALD v. EDELEN

No. 77-845.

623 P.2d 418 (1980)

Edward James FITZGERALD and J.D.L. Corporation, f/d/b/a Captain Hook's, Plaintiffs-Appellees, v. Fred N. EDELEN, Defendant-Appellant, and Weaver Construction Company, Defendant-Appellant and Intervenor's Appellee, and James P. Letourneau, Diana M. Letourneau and Denver Real Estate Company, Defendants, and Apollo Stereo Music Co., Inc., a Colorado Corporation, and National Cigarette Service Company, Inc., a Colorado Corporation, Intervenors, and Salem Investment Company, a Colorado Corporation, Intervenor-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 28 and September 18, 1980.

Certiorari Denied January 26, 1981.

Attorney(s) appearing for the Case

Anderson, Calder & Lembke, P. C., Grant A. Anderson, Aurora, for plaintiffs-appellees.

Henry, Norton & Pickens, Bernard P. O'Kane, Thomas H. Pickens, Lakewood, for defendant-appellant.

Miller & Leher, Robert C. Leher, Littleton, for defendant-appellant and intervenor's appellee.

Bohm, Connell & McLellan, Robert Mendel, Lakewood, for intervenor-appellant.

BERMAN, Judge.

Defendant Edelen and defendant Weaver Construction Company appeal from the judgment of the trial court awarding damages against them to plaintiff Fitzgerald. Intervenor Salem Investment Company (Salem) appeals from the judgment of the trial court dismissing its claim against Weaver Construction. We affirm.

The facts of this case are complicated, and the outline we set forth here will be augmented by further recitations in the course of the opinion...

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