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MAY DEPT. STORES v. UNIVERSITY HILLS

Nos. 87CA1568, 87CA1808.

789 P.2d 434 (1989)

The MAY DEPARTMENT STORES COMPANY, and May Centers, Inc., formerly the May Stores Shopping Center, Inc., Plaintiffs-Appellants and Cross-Appellees, v. UNIVERSITY HILLS, INC., Hutchinson Sales Corporation and SLP, Inc., Defendants-Appellees. ALC CO., Defendant-Appellee and Third-Party Plaintiff-Cross-Appellant, v. MAY DESIGN AND CONSTRUCTION COMPANY, Third-Party Defendant and Cross-Appellee. The MAY DEPARTMENT STORES COMPANY, and May Centers, Inc., formerly the May Stores Shopping Center, Inc., Plaintiffs, v. ALC CO., formerly known as Al Cohen Construction Company, Defendant-Appellant, and University Hills, Inc. and Hutchinson Sales Corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 28, 1989.

Certiorari Denied March 12, 1990.

Attorney(s) appearing for the Case

White & Steele, P.C., Glendon L. Laird and Allan Singer, Denver, for plaintiffs-appellants and cross-appellees.

Weller, Friedrich, Ward & Andrew, Geoffrey S. Race and Debra K. Sutton, Denver, for defendant-appellee University Hills, Inc.

Parcel, Mauro, Hultin & Spaanstra, P.C., Paul F. Hultin and Janet F. Kabili, Denver, for third-party defendant and cross-appellee and plaintiffs May Design and Const. Co., The May Dept. Stores Co. and May Centers, Inc.

Holt & Associates, L. Tyrone Holt, Timothy Davis and Ellen K. Eggleston, Denver, for defendant-appellee SLP, Inc.

Downey & Gulley, P.C., Arthur H. Downey and Daniel W. Patterson, Denver, for defendant-appellee and third-party plaintiff-cross-appellant, and defendant-appellant ALC Co.

Pryor, Carney and Johnson, P.C., W. Randolph Barnhart and Scott S. Nixon, Englewood, for defendant-appellee Hutchinson Sales Corp.

Opinion by Judge CRISWELL.

These consolidated appeals result from litigation commenced by certain landowners and tenants, or their subrogated insurers, to recover damages sustained by them as a result of a fire that occurred at the University Hills Shopping Center (center) in Denver in November 1983. In that litigation, the plaintiffs here, The May Department Stores Co. and May Centers, Inc. (collectively May Co.), sought damages from the center's owner, University...

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