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GOLDEN CONE CONCEPTS v. VILLA LINDA MALL

No. 19367.

820 P.2d 1323 (1991)

113 N.M. 9

GOLDEN CONE CONCEPTS, INC., a New Mexico Corporation, d/b/a Pam's Ice Cream, Plaintiff-Appellee, v. VILLA LINDA MALL, LTD., a New Mexico limited partnership; Villa Linda Mall Company, a Texas limited partnership; and Herring Marathon Group, Inc., a Delaware corporation, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied December 13, 1991.

Attorney(s) appearing for the Case

Sutin, Thayer & Browne, Ronald E. Segel, Mary E. McDonald, Albuquerque, for defendants-appellants.

Roth, VanAmberg, Gross & Rogers, F. Joel Roth, Santa Fe, for plaintiff-appellee.

OPINION

FRANCHINI, Justice.

We have granted appellee's motion for rehearing. The opinion filed September 24, 1991, is hereby withdrawn, and this opinion is substituted therefore. Defendant below, Villa Linda Mall (Mall), in Santa Fe, New Mexico, celebrated its grand opening on July 31, 1985. In October of that year, plaintiff Golden Cone Concepts, Inc. (Golden Cone) signed a ten-year lease for space in the Mall's food court. Golden Cone operated an ice cream...

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