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IN RE 44 H INC.

Civ.A. No. 01-K-397.

157 F.Supp.2d 1175 (2001)

In re 44 H INC., d/b/a Hodel's Drug Store, Inc., Debtor. 44 H Inc., d/b/a Hodel's Drug Store, Inc., Appellant, v. Catellus Development Corporation, Appellee.

United States District Court, D. Colorado.

August 20, 2001.

Attorney(s) appearing for the Case

Lee M. Kutner, Thomas C. Kearns, PC, Denver, CO, William C. Danks, William C. Danks, Attorney at Law, Denver, CO, for appellant.

Joe L. Silver, Martin D. Beier, Silver & Deboskey, P.C., Denver, CO, for appellee.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

Statement of the Case

Hodel's is a drugstore and liquor store located in the Belcaro shopping center on south Colorado Blvd. owned by Catellus Development Corporation. The core issue on this expedited appeal is the amount of rent owed by Hodel's under a 1991 lease for the renewal term of the lease. The lease provision is paragraph 36 of the original lease executed in 1991 between the current...

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