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MILE HIGH INDUSTRIES v. COHEN

No. 99-8008.

222 F.3d 845 (2000)

MILE HIGH INDUSTRIES, Plaintiff-Counter-Defendant-Appellant, v. Robert L. COHEN, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 18, 2000.

Attorney(s) appearing for the Case

Walter Urbigkit of Frontier Law Center, Cheyenne, Wyoming, for Plaintiff-Appellant.

Sheldon E. Friedman (Blain D. Myhre of Isaacson, Rosenbaum, Woods & Levy, Denver, Colorado; and Carl L. Lathrop of Lathrop & Rutledge, Cheyenne, Wyoming, with him on the brief) of Isaacson, Rosenbaum, Woods & Levy, Denver, Colorado, for Defendant-Appellee.

Before BRORBY, McKAY and MURPHY, Circuit Judges.

BRORBY, Circuit Judge.

This controversy arises from agreements executed for the sale and "lease back" of a shopping center known as the "Wyoming Plaza" located in Cheyenne, Wyoming. Appellant Mile High Industries (Mile High), a Wyoming corporation, as seller and lessee of the property, brought a diversity action for declaratory judgment in federal district court, pursuant to 28 U.S.C. § 1332, against Robert L. Cohen, a Colorado citizen and the buyer and lessor...

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