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C-470 JOINT VENTURE v. TRIZEC COLORADO, INC.

No. 97-1478.

176 F.3d 1289 (1999)

C-470 JOINT VENTURE, a Colorado general partnership and Gerald J. Starika, Plaintiffs-Counter-Defendants—Appellants, v. TRIZEC COLORADO, INC., a Delaware corporation, Defendant-Counter-Claimant—Appellee.

United States Court of Appeals, Tenth Circuit.

May 10, 1999.

Attorney(s) appearing for the Case

Wayne B. Schroeder (Jody Harper Alderman, with him on the briefs), Grimshaw & Harring, P.C., Denver, Colorado, appearing for Appellants.

John Lawrence Hamil (Michelle W. Stern, with him on the brief), Hamil Professional Corporation, Denver, Colorado, appearing for Appellee.

Before TACHA, BARRETT, and HENRY, Circuit Judges.

TACHA, Circuit Judge.

This diversity action between plaintiff-appellant C-470 Joint Venture ("Joint Venture"), a Colorado corporation, plaintiff-appellant Gerald Starika, a Colorado resident, and defendant-appellee Trizec Colorado, Inc., a Delaware corporation, presents a question regarding the enforceability of a covenant to convey a property interest between Trizec and plaintiffs' predecessor in interest. The district court found the covenant enforceable on summary...

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