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C.I.I.S. PARTNERS v. MILLER

No. 87CA0408.

762 P.2d 700 (1988)

C.I.I.S. PARTNERS, a partnership; and Western Meadows, Ltd., a limited partnership, Plaintiffs-Appellants, v. Gregory MILLER and Donald Moses, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 26, 1988.

Certiorari Denied October 17, 1988.

Attorney(s) appearing for the Case

Stevens & Littman, Andrew C. Littman, Boulder, for plaintiffs-appellants.

Grant, Bernard, Lyons & Gaddis, Richard N. Lyons, Longmont, for defendant-appellee Donald Moses.

No appearance for defendant-appellee Gregory Miller.

TURSI, Judge.

C.I.I.S. Partners and Western Meadows, Ltd. (landlords) appeal the summary judgment dismissing their complaint against Gregory Miller and Donald Moses (guarantors). We affirm as to Miller and reverse as to Moses.

U-Plumb-It Corporation (tenant) leased spaces 5 and 6 in landlords' shopping center. Miller and Moses were officers and alleged shareholders and directors of tenant. Since landlords were unfamiliar with Miller and tenant had no history...

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