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SPULAK v. K MART CORP.

Civ. A. No. 85-F-2062.

664 F.Supp. 1395 (1985)

Frank L. SPULAK, Plaintiff, v. K MART CORPORATION, Defendant.

United States District Court, D. Colorado.

November 21, 1985.

Attorney(s) appearing for the Case

Martin Zerobnick, Richard G. Sander, Gwen J. Young, Denver, Colo., John O. Walker, Fort Collins, Colo., for plaintiff.

Charles W. Newcom, M. Edward Taylor, Denver, Colo., Thomas R. Fredericks, Covina, Cal., for defendant.

ORDER

SHERMAN G. FINESILVER, Chief Judge.

THIS MATTER is before the Court on Defendant K Mart's Motion to Dismiss Plaintiff's Second through Fifth Claims for Relief filed on September 26, 1985. The parties have thoroughly briefed the issues raised in Defendant's motion. We have carefully considered their respective arguments and are of the opinion the motion should be GRANTED as to Plaintiff's Fifth Claim for Relief and DENIED as to the Second through Fourth...

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