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DINNERWARE PLUS HOLDINGS v. SILVERTHORNE FACTORY STORES

No. 03CA1577.

128 P.3d 245 (2004)

DINNERWARE PLUS HOLDINGS, INC., a Delaware corporation, Plaintiff-Appellant and Cross-Appellee, v. SILVERTHORNE FACTORY STORES, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Division III.

Certiorari Denied March 21, 2005.

Attorney(s) appearing for the Case

Senn Visciano Kirschenbaum Merrick P.C., Mark D. Gruskin, Luis A. Toro, Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Hutchinson Black and Cook, LLC, William D. Meyer, Boulder, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge VOGT.

In this dispute between parties to a commercial lease, plaintiff, Dinnerware Plus Holdings, Inc. (tenant), appeals the trial court judgment in favor of defendant, Silverthorne Factory Stores LLC (landlord). Landlord cross-appeals. We affirm in part and reverse in part.

In 1993, the predecessors of tenant and landlord entered into a ten-year lease agreement for retail space for a Mikasa store in the Silverthorne Factory Stores Outlet...

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