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SUPER VALU STORES v. DIST. CT. WELD CY.

No. 95SA123.

906 P.2d 72 (1995)

SUPER VALU STORES, INC., a Delaware corporation (now known as Super Valu, Inc.), Petitioner, v. The DISTRICT COURT IN AND FOR WELD COUNTY, Colorado, and The Honorable Jonathan W. Hays, one of the judges of the Court, Respondent, and Todd Holding Co., Inc., Toddys of Greeley, Inc., and Toddys of Ft. Collins, Ltd., Real Parties in Interest.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 4, 1995.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, David G. Palmer, Gregory J. Kerwin, Patricia E. Foley, Denver, for petitioner.

John S. Pfeiffer, Denver, for real parties in interest.

Justice KIRSHBAUM delivered the Opinion of the Court.

On remand pursuant to the court of appeals' opinion in Todd Holding Co., Inc. v. Super Valu Stores, Inc., 874 P.2d 402 (Colo.App.1993), cert. denied, No. 93SC671 (Colo. May 23, 1994) (hereafter "Todd Holding Co."), the respondent Weld County District Court issued an order granting a motion filed by the plaintiffs-real...

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