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SHOPPIN' BAG OF PUEBLO, INC. v. DILLON COMPANIES

No. 84-1057.

783 F.2d 159 (1986)

SHOPPIN' BAG OF PUEBLO, INC., a Colorado corporation and F.H. Markets, Inc., a Colorado corporation, Plaintiffs-Appellants, v. DILLON COMPANIES, INC., a Kansas corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 3, 1986.

Attorney(s) appearing for the Case

James M. Lyons of Rothgerber, Appel & Powers, Denver, Colo. (Lynne Eisaguirre and Michael D. Burns, with him on brief), for plaintiffs-appellants.

Tucker Trautman of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo. (Benjamin F. Stapleton and George G. Matava, with him on brief), for defendant-appellee.

Before BARRETT, McWILLIAMS and ANDERSON, Circuit Judges.

BARRETT, Circuit Judge.

Appellant Shoppin' Bag, a supermarket retail concern, opened a "no frills" grocery warehouse in Pueblo, Colorado, in March of 1979. Already established in the Pueblo marketing area were appellee (d/b/a King Soopers, a division of Kroger Companies, Inc.), Safeway, Albertsons and other independent grocers. During its first nine weeks of operation, Shoppin' Bag experienced a high degree of success.

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